Sudan peace agreement (Juba Agreement)
Country/entity
SudanRegion
Africa (excl MENA)Agreement name
Sudan peace agreement (Juba Agreement)Date
3 Oct 2020Agreement status
Multiparty signed/agreedInterim arrangement
YesAgreement/conflict level
Intrastate/intrastate conflict ()Stage
Framework/substantive - comprehensiveConflict nature
Government/territoryPeace process
Sudan Transition ProcessParties
The Transitional Government of Sudan
General Mohammed Hamdan Dagalo
First Vice President of the Transitional Sovereign Council
The Sudanese Alliance
Khamis Abdallah Abkar
Gathering of Sudan Liberation Forces
Altahir Abubaker Hajer
Sudan Liberation Movement/Army
Minni Arko Minawi
Sudan Liberation Movement/Army – Transitional Council
Dr. Elhadi Idris Yahya
Sudanese Justice and Equality Movement
Dr. Gibril Ibrahim Mohammed
Sudan People’s Liberation Movement-North / Revolutionary
Malik Agar Ayr
United Popular Front for Liberation and Justice
Khalid Idris Jaweish
Opposition Beja Conference
Osama Said
Sudanese Kush Liberation Movement
Mohammed Daoud Bandaq
Kayan Al-Shamal (The Northern Entity)
Mohammed Said Ahmed Sir-alkhatim
Opposition Democratic Union Party / Revolutionary Front
Eltom Elsheikh Mousa HajoThird parties
Other Parties: 1. The Third Front /Tamazuj Mohammed Ali Quraishi 2. Sudan Liberation Movement/Army – Ahmed Ibrahim Kazisky Mr. Ali Ahmed Hamid Advisor Witnesses: General Abdulfatah Burhan Abdulrahman President of the Transitional Sovereign Council The Arab Republic of Egypt The State of Qatar The African Union The United Nations The European Union Representative of the Arab League Ambassador Khalid Abdulrahim Abdalghafar [not signed, but referred to in the text] Page 2, PREAMBLE: APPRECIATING the efforts of the people and government of the Republic of South Sudan and their esteemed role in mediating and facilitating the Sudanese peace discussions as well as the central role of His Excellency President Salva Kiir Mayardit and the Mediation team in achieving this Agreement; GRATEFUL FOR the valued contributions of the regional and international community including UNAMID, the United Nations, the African Union, the Troika countries, the European Union, the League of Arab States, the Intergovernmental Authority on Development (IGAD), and neighboring countries. TAKING NOTE of all the Security Council, African Union, and African Peace and Security Council relevant resolutions;Description
This agreement comprises a series of in-essence 6 different agreements which provide for agreement between the Transitional Government of Sudan (TGOS)and different areas, on different but interconnected peace process 'tracks'. These comprise a Darfur Agreement between the TGOS and 'Darfur Parties to Peace' (Title 2); a 'Two Areas' agreements between TGOS and the The Sudan People's Liberation Movement - North / The Revolutionary Front (Title 3); the Eastern Sudan Track Agreement between the TGOS and the Sudan Revolutionary Front (Title 4); Track 5, Agreement between the TGOS and the Sudan Revolutionary Front - Northern Track (Title 5); Agreement of the Central Track between the TSGO and the Sudan Revolutionary Front (Title 6); and Security arrangements between the TSGO and the Third-Front - Tamazuj (Title 7). While the agreements are all varied, they provide on the most part for some representation of these areas in the transitional government and/or wider institutional structures of the transition, and for new governance and security and economic / development provision within each area. The Agreement therefore in its totality in a sense connects the wider armed conflict with different groups, or different factions or branches of the same broad group, with the transition process focused on the move from military rule at the level of the central state, and with the Transitional government (itself a mixed military-civilian government). Please note that the coding below reflects the key provisions for each category. For several categories (such as Refugees/displaced persons, DDR, material reparations, development, territorial powersharing, ceasefire, women/gender and others) the relevant provisions did not fit into the database format. These additional provisions can be found at https://www.peaceagreements.org/files/Juba%20Agreement%202020%20overspill.pdf
Agreement document
Agreement document (original language)
Groups
- Children/youthGroups→Children/youth→RhetoricalPage 4, PREAMBLE:
CONFIRMING social, political, and economic justice in a democratic and developmental state in which the rights of all peoples are considered, and equality for women, children, the marginalized, and those with special needs is realized;
Page 109, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE'S LIBERATION MOVEMENT - NORTH/ THE SUDAN REVOLUTIONARY FRONT, Preamble
Acknowledging the changes that happened in Sudan as a result of the glorious revolution of December 2018 and the key role women and youth played in the revolution which fulfilled one of the key demands of the Sudanese people.Groups→Children/youth→Anti-discriminationPage 38, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12.11.[The Fund shall] develop a table for awarding the timely compensation payments on the basis of financial principles that require awarding financial compensation proportionate to the damage and loss suffered by the victim. Women, men, children and persons with special needs shall be treated equally when implementing the payments.Groups→Children/youth→SubstantivePage 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
...
30.1.12.To rehabilitate and support disabled veterans, orphans, and widows and provide care for the families of war-disabled heroes.
...
30.1.15.To reform youth institutions affiliated with the regional government of Darfur;
Page 21, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 31. Concurrent Powers
31.1.The national federal government and the regional government of Darfur shall have the following executive and legislative powers:
...
31.1.22.Maternal and child care and protection;
Page 36-37, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, General Principles
10. For purposes of the Peace Agreement, the term “victims of the conflict in Darfur” shall mean:...
10.2.Parentless children.
10.3.Unaccompanied children.
10.4.Separated children.
Page 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.3. The Parties shall pay special attention to protecting internally displaced and refugee women, children, and all other vulnerable groups from all forms of harassment, exploitation, and sexual- or gender-based violence;
Page 41, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 4. Suitable Conditions for Return
4.1. With the assistance of the concerned international and domestic institutions, the Parties agree to create the political, economic, social, and security conditions conducive to the voluntary return and acceptable reintegration of IDPs and refugees, without giving preference to any particular group. These conditions shall include, but not be limited to:
...
4.1.11.The Parties shall refrain from attacking, intimidating, or harassing IDPs, refugees or returnees in any way at all times. The human rights of IDPs, refugees and returnees shall be fully respected, with special considerations, protections, and processes for vulnerable groups such as women, children, the elderly, and persons with disabilities;
Page 41, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 5. Humanitarian Aid
5.2. Certain IDPs and refugees, such as children, expectant mothers, mothers with young children, female heads of household, persons with disabilities, and elderly persons, shall be entitled to protection and assistance required by their condition and to treatment which pays heed to their special needs;
Page 43, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 8. Internally Displaced Persons and Refugees Commission
8.6. The IDPRC shall exercise the following competencies and functions:
...
8.6.9.Implement programs to address the special needs of vulnerable groups, especially unsupported, separated, and unaccompanied children among the uprooted populations of IDPs and refugees;
...
8.6.12.Facilitate the reunion of unaccompanied and separated minors with their parents and families;
Page 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 18. Prohibited Acts
18.8.Recruiting child soldiers;
Page 64, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration Requirements
26.16.Criteria for the integration of individuals: criteria for general eligibility for integration in military institutions and security services shall be as follows:
...
26.16.2.No less than 18 years of age;
Page 66, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 27. The Police
27.13.8.Protect families and children;
Page 68, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 29. Security Keeping Force in Darfur.
29.5.Functions of the Security Keeping Force in Darfur.
29.5.8.Deploying police forces to secure villages for voluntary return, IDP camps, confirming their civil status, working to disengage parties to tribal conflicts, securing IDP camps in coordination with the management thereof, and preventing recruitment, especially among children;
Page 70, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 30. Disarmament, Demobilization and Reintegration (DDR)
30.2.General Principles:
30.2.8.The Parties recognize the necessity, during DDR processes, to meet the special needs of children,
women, and disabled persons, as a priority. The Government of Sudan shall mobilize specific resources and
budgets to meet such special needs of the aforementioned groups at all phases of the DDR.
Page 71, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 30. Disarmament, Demobilization and Reintegration (DDR)
30.7.DDR shall be undertaken with care and the process therefor shall proceed as follows:
30.7.3.The Parties shall decide to immediately and unconditionally dismiss and release all combatant children, if any, as well as groups with special needs and former female combatants, provided that they are handed over to the Joint DDR Committee to be reintegrated;
Page 73, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 30. Disarmament, Demobilization and Reintegration (DDR)
30.10.6.To prioritize addressing socioeconomic reintegration of groups with special needs, such as women, or other women, boys, girls who are linked to the forces of the armed struggle movements, as well as other vulnerable groups such as conflict affected children, combatants with disabilities, and the elderly, if any;
Page 96, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:
9.21.To rehabilitate and assist veterans, persons with special-needs, orphans, widows, and care for martyrs’ families.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:
9.55.To promote the role of women and youth and child protection.
Page 119, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Permanent Ceasefire Arrangements
48. The Parties shall abide by DDR principles related to the handling of child soldiers, persons with special needs, and women recruited in connection with the war.
Page 122, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Permanent Ceasefire Arrangements, 60. Code of Conduct
60.8.The interests of the population in the Two Areas and other people residing therein, including women and children, shall be prioritized over personal considerations.
Page 125, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Integration,
91. Duties of the Joint Police Technical Committee:
91.18.Protect families and children.
Pages 126, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Integration
82. Children, the elderly, and the disabled shall be listed and classified and their statuses shall be adjusted in rehabilitation camps within the agreed timeframe.
Page 131, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, General Principles
Second: In order to eliminate political marginalization in Eastern Sudan, the Parties agree to the following principles:
...
4. Ensuring the participation of the youth in authority by a specified percentage
Page 132, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, Education and Human Development Issues
17. The Federal Government shall prioritize the promotion of education at all levels in Eastern Sudan and pay utmost attention to the education of girls;
Page 149-150, TITLE 6. 3. Development, Services, and Revenues
The Government of Sudan shall commit to the following:
3.1.To provide comprehensive development services by establishing socioeconomic development priorities for the rural areas in order to address the displacement crisis that has affected the central areas and address he large percentage of marginalized workers, particularly the youth of both sexes in the cities of the central states.
3.2. Establish specialized centers to combat epidemics and endemic diseases in hot areas, as well as maternity and children’s centers.
Page 154, TILE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 20. Prohibited Acts.
20.8. Recruiting child soldiers.
Page 156, TTLE 7. CHAPTER TWO: ASSEMBLY, TRAINING AND INTEGRATION, 24. Integration
24.9. Criteria for integrating individuals: the criteria for integrating individuals in the military establishment and security institutions shall be as follows:
24.9.2. No less than 18 years of age;
Page 185, TITLE 9, 5. Darfur Track: Displaced Persons and Refugees Implementation Matrix
Activity: Reunite unaccompanied and separated minors with their parents and families
Timing: After establishing the IDPRC
Implementing Party: IDPRC
Source of Funding: IDPRC
Composition:
Procedures: Institute and implement a plan for the reunion
Reference/Article: 8.6.12 - Disabled personsGroups→Disabled persons→Anti-discriminationPage 38, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12.11.[The Fund shall] develop a table for awarding the timely compensation payments on the basis of financial principles that require awarding financial compensation proportionate to the damage and loss suffered by the victim. Women, men, children and persons with special needs shall be treated equally when implementing the payments.
Page 142, TITLE 5. GENERAL PRINCIPLES
1. Sudan is an independent, sovereign, democratic, parliamentary, pluralistic and decentralized state where rights and duties are based on citizenship without discrimination on grounds of race, faith, culture, sex, color, gender, social or economic status, political opinion, disability, regional affiliation or any other reason.Groups→Disabled persons→SubstantivePage 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
...
30.1.12.To rehabilitate and support disabled veterans, orphans, and widows and provide care for the families of war-disabled heroes.
Page 38, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12.6.The Fund’s procedures shall be simple, accessible, transparent, enforceable, free of charge, and takes into consideration age, gender and persons with disability.
Page 40-41, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL
4. Suitable Conditions for Return
4.1. With the assistance of the concerned international and domestic institutions, the Parties agree to create the political, economic, social, and security conditions conducive to the voluntary return and acceptable reintegration of IDPs and refugees, without giving preference to any particular group. These conditions shall include, but not be limited to:
...
4.1.11.The Parties shall refrain from attacking, intimidating, or harassing IDPs, refugees or returnees in any way at all times. The human rights of IDPs, refugees and returnees shall be fully respected, with special considerations, protections, and processes for vulnerable groups such as women, children, the elderly, and persons with disabilities;
Page 41, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 5. Humanitarian Aid
5.2. Certain IDPs and refugees, such as children, expectant mothers, mothers with young children, female heads of household, persons with disabilities, and elderly persons, shall be entitled to protection and assistance required by their condition and to treatment which pays heed to their special needs;
Page 70, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 30. Disarmament, Demobilization and Reintegration (DDR)
30.2.General Principles:
30.2.8.The Parties recognize the necessity, during DDR processes, to meet the special needs of children, women, and disabled persons, as a priority. The Government of Sudan shall mobilize specific resources and budgets to meet such special needs of the aforementioned groups at all phases of the DDR.
Page 71, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 30. Disarmament, Demobilization and Reintegration (DDR)
30.7.DDR shall be undertaken with care and the process therefor shall proceed as follows:
30.7.3.The Parties shall decide to immediately and unconditionally dismiss and release all combatant children, if any, as well as groups with special needs and former female combatants, provided that they are handed over to the Joint DDR Committee to be reintegrated;
Page 73, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 30. Disarmament, Demobilization and Reintegration (DDR)
30.10.Reintegration Requirements and Processes.
30.10.6.To prioritize addressing socioeconomic reintegration of groups with special needs, such as women, or other women, boys, girls who are linked to the forces of the armed struggle movements, as well as other vulnerable groups such as conflict affected children, combatants with disabilities, and the elderly, if any;
Page 96, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.21.To rehabilitate and assist veterans, persons with special-needs, orphans, widows, and care for martyrs’ families.
Pages 126, TITLE 3, CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, INTEGRATION
82. Children, the elderly, and the disabled shall be listed and classified and their statuses shall be adjusted in rehabilitation camps within the agreed timeframe. - Elderly/ageGroups→Elderly/age→SubstantivePage 9-10, TITLE 1, 9. The Constitutional Conference:
9.7. The Parties agree to the fair and equal representation, on the bases of gender, diversity, geography, and age, in the national constitutional conference, and that constitutional conferences in the regions shall be held as part of the constitution-drafting process.
Page 38, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12.6.The Fund’s procedures shall be simple, accessible, transparent, enforceable, free of charge, and takes into consideration age, gender and persons with disability.
...
12.16.Regular revision shall be undertaken to ensure the optimal use and distribution of funds allocated to compensate victims, in accordance with the financial procedures applicable in such cases, including the principles of equality of gender and age.
Page 41, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 4. Suitable Conditions for Return
4.1. With the assistance of the concerned international and domestic institutions, the Parties agree to create the political, economic, social, and security conditions conducive to the voluntary return and acceptable reintegration of IDPs and refugees, without giving preference to any particular group. These conditions shall include, but not be limited to:
...
4.1.11.The Parties shall refrain from attacking, intimidating, or harassing IDPs, refugees or returnees in any way at all times. The human rights of IDPs, refugees and returnees shall be fully respected, with special considerations, protections, and processes for vulnerable groups such as women, children, the elderly, and persons with disabilities;
Page 41, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 5. Humanitarian Aid
5.2. Certain IDPs and refugees, such as children, expectant mothers, mothers with young children, female heads of household, persons with disabilities, and elderly persons, shall be entitled to protection and assistance required by their condition and to treatment which pays heed to their special needs;
Page 73, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 30. Disarmament, Demobilization and Reintegration (DDR)
30.10.6.To prioritize addressing socioeconomic reintegration of groups with special needs, such as women, or other women, boys, girls who are linked to the forces of the armed struggle movements, as well as other vulnerable groups such as conflict affected children, combatants with disabilities, and the elderly, if any;
Pages 123, TITLE 3, CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, INTEGRATION
82. Children, the elderly, and the disabled shall be listed and classified and their statuses shall be adjusted in rehabilitation camps within the agreed timeframe. - Migrant workersGroups→Migrant workers→SubstantivePage 149-150, TITLE 6. 3. Development, Services, and Revenues
The Government of Sudan shall commit to the following:
3.1.To provide comprehensive development services by establishing socioeconomic
development priorities for the rural areas in order to address the displacement crisis that has affected the central areas and address the large percentage of marginalized workers, particularly the youth of both sexes in the cities of the central states. - Racial/ethnic/national groupGroups→Racial/ethnic/national group→RhetoricalPage 6, TITLE 1, 1. General Principles
1.9. Acknowledgment of and respect for the Sudanese identity and the ethnic, religious and cultural diversity of Sudanese peoples without discrimination on any grounds shall be reflected in the governance system and policies in order to build a state based on equal citizenship for all Sudanese people.
Page 6, TITLE 1, 1. General Principles
1.11.The racial, ethnic, religious, linguistic, and cultural diversity of the Sudanese people is a source of richness for the Sudanese people and, therefore, shall be strengthened, developed, and managed in accordance with the standards that reflect national unity.
Page 15, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
8. The ethnic, religious, linguistic, and cultural diversity of the Sudanese people is the basis of national cohesion and will therefore be promoted, developed and managed in accordance with the standards that reflect national unity.Groups→Racial/ethnic/national group→Anti-discriminationPage 12, TITLE 1, 18. Combating Racism
18.1.The Parties agree to issue strict legislation criminalizing all kinds of racism and to adopt clear state policies to combat different forms of racial attitudes, discrimination, and manifestations of ethnic and religious supremacy through education curricula, media, and building an integrated societal culture that respects human dignity and upholds the values of equality between human being without discrimination.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
15. Citizenship shall be the basis of rights and duties with no discrimination on the basis of race, tribe, religion, gender, sex or origin. This does not prevent the existence of laws, programs or activities aimed at improving the conditions of those individuals or groups who have been deprived of their rights based on race, color, religion, or regional or national origin.
Page 36, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, General Principles
7. Without prejudice to the principle of positive discrimination as set forth in the Peace Agreement, distribution of humanitarian aid, the restitution of resources and property, and the award of compensation and reparations in accordance with this Agreement, shall take place without discrimination on the basis of gender, language, tribe, ethnicity, religion, party affiliation, geographic location, status as a displaced or formerly displaced person/refugee, or any other basis.
Page 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.6. Aid for conflicts-affected persons shall be distributed without discrimination based on gender, language, race, ethnicity, religion, party affiliation, geographic location, color, or any other discriminatory grounds.
Page 94, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT, General Principles
1. Equal citizenship without discrimination shall be the basis for all rights and duties. The state shall stand at equal distance from all religions and cultures, without any ethnic, religious, or cultural bias that may lead to derogation of this right. It shall be enshrined in the Constitutional Charter governing the transitional period.
Page 133-134, TITLE 4. CHAPTER ONE: The Political Issue, General Principles
First: Sudan is a sovereign, democratic, parliamentary, pluralistic and decentralized state where rights and duties are based on citizenship without discrimination on grounds of race, faith, culture, sex, color, gender, social or economic status, political opinion, disability, regional affiliation or any other reason.
Page 142, TITLE 5. GENERAL PRINCIPLES
1. Sudan is an independent, sovereign, democratic, parliamentary, pluralistic and decentralized state where rights and duties are based on citizenship without discrimination on grounds of race, faith, culture, sex, color, gender, social or economic status, political opinion, disability, regional affiliation or any other reason.
Page 151, TITLE 7. Preamble
Determined to seize this opportunity to achieve just peace, citizenship without discrimination, and put an end to all current wars throughout Sudan, in conjunction with genuine democratization based on the pillars of just peace and citizenship without discrimination;
Page 167, TITLE 9, 1. National Issues Implementation matrix
Activity: Criminalize and combat racism
Timing: After signing the Final Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding:
Composition:
Procedures: Issue legislations and adopt policies to combat racism
Reference article: 18.1Groups→Racial/ethnic/national group→SubstantivePage 102, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 35. Geographic representation and ethnic and religious diversity shall be observed in the composition of the legislative council.
Page 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 18. Prohibited Acts
18.13.Bias alignment of any member of the signatory Parties towards their respective tribes, in the event of tribal conflict;
Page 68, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 29. Security Keeping Force in Darfur.
29.5.Functions of the Security Keeping Force in Darfur.
29.5.8.Deploying police forces to secure villages for voluntary return, IDP camps, confirming their civil status, working to disengage parties to tribal conflicts, securing IDP camps in coordination with the management thereof, and preventing recruitment, especially among children;
...
29.5.Functions of the Security Keeping Force in Darfur.
29.5.12.Preparing the environment for promoting the values of dialogue and peaceful coexistence among tribes and open tracks in areas in which farmers and herders clash; - Religious groupsGroups→Religious groups→RhetoricalPage 6, TITLE 1, 1. General Principles
1.9. Acknowledgment of and respect for the Sudanese identity and the ethnic, religious and cultural diversity of Sudanese peoples without discrimination on any grounds shall be reflected in the governance system and policies in order to build a state based on equal citizenship for all Sudanese people.
...
1.11.The racial, ethnic, religious, linguistic, and cultural diversity of the Sudanese people is a source of richness for the Sudanese people and, therefore, shall be strengthened, developed, and managed in accordance with the standards that reflect national unity.
Page 15, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
8. The ethnic, religious, linguistic, and cultural diversity of the Sudanese people is the basis of national cohesion and will therefore be promoted, developed and managed in accordance with the standards that reflect national unity.Groups→Religious groups→Anti-discriminationPage 9, TITLE 1. AGREEMENT ON NATIONAL ISSUES BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SIGNATORY PARTIES TO THIS AGREEMENT, 18. Combating Racism
18.1.The Parties agree to issue strict legislation criminalizing all kinds of racism and to adopt
clear state policies to combat different forms of racial attitudes, discrimination, and manifestations of ethnic and religious supremacy through education curricula, media, and building an integrated societal culture that respects human dignity and upholds the values of equality between human being without discrimination.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
15. Citizenship shall be the basis of rights and duties with no discrimination on the basis of race, tribe, religion, gender, sex or origin. This does not prevent the existence of laws, programs or activities aimed at improving the conditions of those individuals or groups who have been deprived of their rights based on race, color, religion, or regional or national origin.
Page 36, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, General Principles
7. Without prejudice to the principle of positive discrimination as set forth in the Peace Agreement, distribution of humanitarian aid, the restitution of resources and property, and the award of compensation and reparations in accordance with this Agreement, shall take place without discrimination on the basis of gender, language, tribe, ethnicity, religion, party affiliation, geographic location, status as a displaced or formerly displaced person/refugee, or any other basis.
Page 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.6. Aid for conflicts-affected persons shall be distributed without discrimination based on gender, language, race, ethnicity, religion, party affiliation, geographic location, color, or any other discriminatory grounds.
Page 94, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT, General Principles
1. Equal citizenship without discrimination shall be the basis for all rights and duties. The state shall stand at equal distance from all religions and cultures, without any ethnic, religious, or cultural bias that may lead to derogation of this right. It shall be enshrined in the Constitutional Charter governing the transitional period.
Page 133-134, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, General Principles
First: Sudan is a sovereign, democratic, parliamentary, pluralistic and decentralized state where rights and duties are based on citizenship without discrimination on grounds of race, faith, culture, sex, color, gender, social or economic status, political opinion, disability, regional affiliation or any other reason.
Page 142, TITLE 5, GENERAL PRINCIPLES
1. Sudan is an independent, sovereign, democratic, parliamentary, pluralistic and decentralized state where rights and duties are based on citizenship without discrimination on grounds of race, faith, culture, sex, color, gender, social or economic status, political opinion, disability, regional affiliation or any other reason.Groups→Religious groups→SubstantivePage 11, TITLE 1, 14. National Issues of Particularity: The Parties agree on the importance of addressing the following national issues of particularity:
14.3.Christians and communities of African religions and other beliefs:
14.3.1.The Parties agree on establishing a National Commission for Religious Freedoms to address the issues of religious diversity in Sudan.
Page 102, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 35. Geographic representation and ethnic and religious diversity shall be observed in the composition of the legislative council.
Page 108, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, DEVELOPMENT AND RECONSTRUCTION COMMISSION AND MECHANISM, 86. The National Commission for Religious Freedoms:
86.1.The Parties agree to establish a National Commission for Religious Freedoms in Sudan, with branches thereof in the Two Areas.
86.2.The Parties stressed the freedom of religions and faiths and the importance of tolerance and religious coexistence. The Parties also highlighted the necessity to establish a national ministry for peace and human rights to promote and protect human rights in Sudan.
86.3.Realize religious coexistence among all followers of religions and faiths to link and promote the peace process with the acquired rights.
Page 166, TITLE 9, 1. National Issues Implementation matrix
Activity: Establish a National Commission for Religious Freedoms
Timing: After signing the Final Agreement
Implementing Party: Government of Sudan
Source of Funding: Government of Sudan
Composition:
Procedures: Issue a decision establishing the commission
Reference article: 14.3.1
Page 200, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish the commission for religious freedoms in the state / region
Timing: After establishing of the national commission
Implementing Party: the state / regional government
Source of Funding: Government of Sudan and donors
Composition: the state / regional government
Location: state / region
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 86 - Indigenous people
No specific mention.
- Other groupsGroups→Other groups→RhetoricalPage 4, PREAMBLE:
CONFIRMING social, political, and economic justice in a democratic and developmental state in which the rights of all peoples are considered, and equality for women, children, the marginalized, and those with special needs is realized;Groups→Other groups→Anti-discriminationPage 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
15. Citizenship shall be the basis of rights and duties with no discrimination on the basis of race, tribe, religion, gender, sex or origin. This does not prevent the existence of laws, programs or activities aimed at improving the conditions of those individuals or groups who have been deprived of their rights based on race, color, religion, or regional or national origin.
Page 36, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, General Principles
7. Without prejudice to the principle of positive discrimination as set forth in the Peace Agreement, distribution of humanitarian aid, the restitution of resources and property, and the award of compensation and reparations in accordance with this Agreement, shall take place without discrimination on the basis of gender, language, tribe, ethnicity, religion, party affiliation, geographic location, status as a displaced or formerly displaced person/refugee, or any other basis.
Page 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.6. Aid for conflicts-affected persons shall be distributed without discrimination based on gender, language, race, ethnicity, religion, party affiliation, geographic location, color, or any other discriminatory grounds.
Page 142, TITLE 5, GENERAL PRINCIPLES
1. Sudan is an independent, sovereign, democratic, parliamentary, pluralistic and decentralized state where rights and duties are based on citizenship without discrimination on grounds of race, faith, culture, sex, color, gender, social or economic status, political opinion, disability, regional affiliation or any other reason.Groups→Other groups→SubstantivePage 9-10, TITLE 1, 9. The Constitutional Conference:
9.7. The Parties agree to the fair and equal representation, on the bases of gender, diversity, geography, and age, in the national constitutional conference, and that constitutional conferences in the regions shall be held as part of the constitution-drafting process.
Page 13, TITLE 1, 24. Sudanese Diaspora:
24.1.The Parties agree that the Transitional Government of Sudan shall endeavor to create the appropriate conditions to connect Sudanese diaspora abroad with their homeland through addressing, among other things, the issue of education for the children of Sudanese diaspora in Sudanese institutions, ensuring rewarding conditions for their remittances and creating incentives to improve their opportunities for investment and settlement in Sudan.
Page 95, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES
9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.7. To establish and rehabilitate institutes for teaching indigenous languages, culture, heritage, folklore, and antiquities which reflect diversity and work to develop and promote local cultures and provide them with opportunities at the national, regional, and international levels as an integral part of Sudanese cultures that must be celebrated for all their differences and diversity.
Page 168, TITLE 9, 1. National Issues Implementation matrix
Activity: Address the issues of the Sudanese in the diaspora and create the appropriate conditions to connect them to their homeland
Timing: After signing the Final Agreement
Implementing Party: Government of Sudan
Source of Funding: Government of Sudan
Composition:
Procedures: Develop the necessary remedies
Reference article: 24.1 - Refugees/displaced personsGroups→Refugees/displaced persons→RhetoricalPage 49, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, Preamble
MOTIVATED by our deep awareness of the urgent need for final security arrangements that address the root causes of war and build a rapid plan of action to address the humanitarian crisis in Sudan in general and in Darfur in particular and to provide for the necessary relief and aid, rehabilitate, save, protect, and voluntarily resettle IDPs and refugees.
Page 53, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 14. General Provisions and Principles of the Permanent Ceasefire
14.7.The Parties must commit to providing and facilitating humanitarian assistance by creating conditions that encourage provision of urgent humanitarian assistance to the homeless, IDPs, refugees, and affected persons and their right to voluntary return to their areas of origin;
Page 109, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE'S LIBERATION MOVEMENT - NORTH/ THE SUDAN REVOLUTIONARY FRONT, Preamble
Based on our deep recognition of the dire need for final security arrangements that address the root causes of the war and build a rapid working plan to address the humanitarian crisis in Sudan in general and in the Two Areas in specific and provide necessary and urgent relief, rescue, rehabilitation, protection and voluntary resettlement of IDPs and refugees.
Page 112, TITLE 3, CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, General and Fundamental Provisions
21. The Parties shall commit to providing and facilitating humanitarian assistance, by creating conditions that encourage the provision of urgent humanitarian assistance to the homeless, IDPs, refugees and affected persons and that ensure their right to voluntary return to their areas of origin.
Page 149, TITLE 6. 5. The First Party shall commit to addressing the issue of displaced persons and returnees within the framework of the overall treatment of the issue throughout Sudan.
Page 152, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, Objectives of the Agreement
8. To create an appropriate environment for the voluntary and safe return of IDPs and refugees to their areas of origin.Groups→Refugees/displaced persons→SubstantivePage 10-12, TITLE 1, 13. Elections:
13.1.The Parties agree to hold free and fair general elections with international monitoring at the end of the transitional period, provided that it is preceded by the implementation of the agreed plan for the return of IDPs and refugees, as stipulated in the different track agreements, holding of the national Constitutional Conference, conducting the census, issuing the law on elections and political parties, and establishing the Elections Commission.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
16. The displacement of citizens inside or outside Sudan does not prevent the full exercise of their civil rights.
Page 19, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles, 29. Educational Institutions
29.1.5.2.The committee shall identify standards and criteria for the exemption of IDPs, refugees, and nomads from tuition fees when they are admitted to public universities outside Darfur Region.
Page 36, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, General Principles
7. Without prejudice to the principle of positive discrimination as set forth in the Peace Agreement, distribution of humanitarian aid, the restitution of resources and property, and the award of compensation and reparations in accordance with this Agreement, shall take place without discrimination on the basis of gender, language, tribe, ethnicity, religion, party affiliation, geographic location, status as a displaced or formerly displaced person/refugee, or any other basis.
Page 37, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 11. Rights Related to Compensation, Restitution and Reparations
11.7.Individuals and communities have the right to pursue compensation for environmental damages, land degradation, or the damage of property resulting from the conflict, including environmental damages or deterioration resulting from displacement and neglect.
Page 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL
1. Definitions: Unless the context suggests otherwise, the following words and terms shall have the definitions provided herein:
1.1. Internally displaced persons (IDPs): shall mean all persons who have been forced or compelled to flee their homes or places of habitual residence as a result of the conflicts in Darfur, and who have not crossed an internationally recognized State border;
1.2. Refugees: shall mean persons or groups of persons who have been forced or compelled to flee or to leave their homes or places of habitual residence as a result of the conflicts in Darfur and who have crossed an internationally recognized State border;
1.3. Displaced persons: shall mean all internally displaced Sudanese men and women who are living outside of IDP camps because of the war;
1.4. Residents on lands of others: people illegally living on others’ lands after the outbreak of war in Darfur in 2002.
Page 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.1. The Parties shall be bound to all international agreements and treaties related to displaced persons and refugees ratified by the Government of Sudan;
2.2. The human rights of displaced persons shall be fully respected and guaranteed under international and national laws, whether during the voluntary return, resettlement, or thereafter;
2.3. The Parties shall pay special attention to protecting internally displaced and refugee women, children, and all other vulnerable groups from all forms of harassment, exploitation, and sexual- or gender-based violence;
2.4. IDPs and refugees shall enjoy the rights to voluntary return, citizenship, identity, participation, ownership, and housing, as set forth in this Agreement;
2.5. IDPs and refugees shall enjoy the same human rights and fundamental freedoms of any citizen in Sudan, including the right to move freely and reside anywhere on Sudanese territory;
2.6. Aid for conflicts-affected persons shall be distributed without discrimination based on gender, language, race, ethnicity, religion, party affiliation, geographic location, color, or any other discriminatory grounds.
Page 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.7. The Parties shall adhere to the following principles and rights of return:
2.7.1.All IDPs and refugees shall have the right to make an informed decision for the voluntary return to their place of origin, homes, or to places or areas of their habitual residence; they shall also have the right to resettle to other places of their choosing, in accordance with the terms of the Agreement, especially those related to the necessary conditions of return;
2.7.2.The Government of Sudan shall commit to accepting the return of refugees who have left Sudanese territory, including those who have been accorded temporary protection by third countries;
2.7.3.The Parties shall adhere to the principle of non-refoulement, and IDPs and refugees shall thus not be subject to forced return or resettlement in any place where their life, safety, liberty, and/or health would be at risk;
2.7.4.The Parties and the international community shall endeavor to ensure the right of safe return for IDPs and refugees and to be free from violence, harassment, intimidation, coercion, confiscation of property, or forced resettlement;
2.7.5.The Parties agree that nomadic routes shall be open and secure, in particular during the return of IDPs and refugees to their homes of origin. The Parties shall review the changes of such routes and find alternatives if necessary;
2.7.6.Rights and privileges of IDPs and refugees to citizenship and participation shall not be affected due to their status as IDPs or refugees, and their rights and privileges shall be fully restored and guaranteed in Sudan;
2.7.7.It shall be prohibited to discriminate against IDPs and refugees or prevent them from participating in government or electing officials. IDPs and refugees shall enjoy the right to participate fully and equally in public affairs at all levels and have equal access to public services;
2.7.8.The Government of Sudan shall provide IDPs and refugees with all documents necessary for the exercise of their legal rights, including passports, birth certificates, and title deeds;
2.7.9.The Parties are committed to achieving the successful return of all IDPs and refugees under peaceful and secure conditions;
2.7.10.“IDPs and refugees,” as defined by this Agreement shall be the only persons eligible to receive aid, support, and other benefits of the voluntary return and resettlement programs under this Agreement.
Page 40, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 3. Property, Housing, and Compensation Rights
3.1. All IDPs and refugees shall enjoy the right to voluntary return to their homes, lands, and property, provided that they be fairly compensated for their losses of homes, lands, or property;
3.2. IDPs and refugees shall enjoy all rights to property, ownership of housing, the freedom of movement and residence, and compensation and reparations, as stipulated in this Agreement;
3.3. If the return of IDPs, refugees, and displaced persons to their homes or lands, or the restoration of their property is impossible, they shall have the right to receive fair compensation for their loss and the psychological damages resulting from forced displacement. The compensation shall be paid by the Compensations and Reparations Fund in accordance with international principles and the right of voluntary return for all IDPs and refugees.
Page 40, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 4. Suitable Conditions for Return
4.1. With the assistance of the concerned international and domestic institutions, the Parties agree to create the political, economic, social, and security conditions conducive to the voluntary return and acceptable reintegration of IDPs and refugees, without giving preference to any particular group. These conditions shall include, but not be limited to:
4.1.1.Security and safety of IDPs and refugees and being free from the risk of harassment, intimidation, persecution or discrimination, both during and after voluntary return, local integration, or resettlement;
4.1.2.The right to free movement and choice of residence;
4.1.3.Demining of areas of return and access routes to markets, schools, health services, sanitation, and any other place;
4.1.4.Restituting property lost due the war to IDPs and refugees, in accordance with the agreed provisions;
4.1.5.Constructing adequate shelters in the return villages and areas of voluntary return, as well as the necessary health and education infrastructure;
4.1.6.Rehabilitating damaged property, public facilities, farms, pastures, and agrarian lands, etc;
4.1.7.Evacuating illegal occupants of others’ homes, lands, and property in areas of return;
4.1.8.Guaranteed subsistence for all returnees, especially food, potable water, and health supplies;
4.1.9.Providing IDPs and refugees with accurate information on existing conditions inside areas to which they would return to ensure that they can make informed voluntary decisions about return;
4.1.10.The Parties shall work with the international community to provide all possible assistance to IDPs, refugees and war-affected persons to enable the returning families and individuals to reestablish their lives and livelihoods in local communities. This assistance shall include, but not be limited to, short-term repatriation funding, ensuring the continuity of humanitarian aid throughout the return and resettlement period, rebuilding damaged or destroyed infrastructure, building new roads and infrastructure in rural areas, rehabilitating local agrarian lands, and providing education and job training programs;
4.1.11.The Parties shall refrain from attacking, intimidating, or harassing IDPs, refugees or returnees in any way at all times. The human rights of IDPs, refugees and returnees shall be fully respected, with special considerations, protections, and processes for vulnerable groups such as women, children, the elderly, and persons with disabilities;
4.1.12.The Government of Sudan and international partners shall ensure the reconstruction and restoration of permanent housing and other property of IDPs and refugees planning to return or be resettled.
Page 41-42, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 6. Resettlement and Repatriation Arrangements
6.1. The Parties shall introduce a comprehensive resettlement and repatriation strategy with the following objectives:
6.1.1.Ensuring that IDPs and refugees fully enjoy all the same rights and fundamental freedoms established for all citizens;
6.1.2.Reintegrating IDPs and refugees and creating the conditions that will allow them to participate fully in the economic, social, political, and cultural development of the country;
6.1.3.Fulfilling genuine reconciliation through promoting a culture of peace and peaceful coexistence in the resettlement areas, and at the national and regional/state levels, based on participation, mutual tolerance and respect.
Page 42, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 7. International Support
7.1. The Parties shall request the international community to provide financial, technical, and material support and resources to ensure that the voluntary return and resettlement processes takes place fully, efficiently, and with respect to the dignity and safety of returnees;
7.2. The Parties shall commit to granting national and international aid organizations full land, air, and sea access to all territories and IDPs to implement the voluntary return and resettlement programs, within the framework of ratified international agreements, and in accordance with national laws;
7.3. The Parties shall refrain from levying taxes on workers, goods, or services provided by foreign governments or domestic or international aid organizations, within the framework of national laws and regulations and international agreements;
7.4. The Parties shall commit to protecting the safety and security of all foreign government staffs and employees, as well as national and international aid workers and equipment thereof.
Page 42, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 8. Internally Displaced Persons and Refugees Commission
8.1. The Parties agree to establish an IDP and Refugees Commission (IDPRC) within 60 (sixty days) of the date of signing this agreement to oversee, administer, and facilitate the voluntary return and resettlement, with the assistance of the international community, UNHCR and other relevant UN agencies and international organizations;
8.2. Procedures of the IDPRC shall be made available to the public within 6 (six months) of the date of signing the Peace Agreement, and it shall remain so for 10 (ten years);
8.3. The Parties shall agree on the organizational and functional structure of the IDPRC in accordance with the parameters provided for in this agreement;
8.4. The IDPRC shall develop its own regulations, rules of procedures and decision-making methods;
8.5. Without prejudice to the right to appeal, decisions of IDPRC in Darfur shall be binding.
8.6. The IDPRC shall exercise the following competencies and functions:
8.6.1.The IDPRC shall have the competence to deal with Sudanese IDPs and refugees displaced due to the conflicts in Darfur as they are defined in this Agreement.
8.6.2.The IDPRC, in coordination and cooperation with relevant national institutions and international organizations, shall introduce, implement, monitor, oversee, and evaluate strategies, plans and programs to ensure the sustainable voluntary return of displaced persons and refugees;
8.6.3.The IDPRC in Darfur shall establish local committees for claims that shall be comprised of local, traditional, and community leaders, including representatives of IDPs, refugees, and women. The local committees shall investigate compensation-related claims and other means of reparations, and submit their reports to the IDPRC in Darfur;
Page 43, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 8. Internally Displaced Persons and Refugees Commission
8.6.5.Collect data concerning the numbers of IDPs and refugees willing to return, areas of origin, distance from the border, availability of housing, economic and social infrastructure in the areas of return and resettlement, and projected needs for rehabilitation/reconstruction to ascertain the most effective means for the return of displaced persons;
8.6.6.Institute a public awareness campaign among IDPs and refugees to help them understand their rights, settlement options, and prevailing conditions in their original home areas, which will help them make an informed decision on whether to return;
8.6.7.Create and monitor entry points, and transit and reception centers.
8.6.8.Design mechanisms to monitor human rights conditions in areas of return.
8.6.9.Implement programs to address the special needs of vulnerable groups, especially unsupported, separated, and unaccompanied children among the uprooted populations of IDPs and refugees;
8.6.10.Implement programs to reconstruct and repair homes destroyed, damaged in coordination with the relevant commission;
8.6.11.Implement programs to rebuild public utilities and other infrastructure necessary for the durable rehabilitation of local communities, in coordination with relevant commissions;
8.6.12.Facilitate the reunion of unaccompanied and separated minors with their parents and families;
8.6.13.Work with local authorities and traditional community leaders to establish proof of identity when necessary;
8.6.14.Refer returnees with property restitution claims to the relevant commissions;
8.6.15.Conduct regular surveys and evaluations of the situation of IDPs and refugees;
8.6.16.Work with UNAMID/ a third party, UN agencies, relevant national and international agencies, and other international and national aid organizations to ensure proper protection and dignified treatment of IDPs and refugees during the process of return and reintegration or resettlement;
8.6.17.The IDPRC may submit recommendations to relevant parties to provide urgent assistance to victims and those in need among IDPs and refugees, provided that such assistance does not adversely impact their rights to due compensations from IDPRC.
Page 139, TITLE 4. CHAPTE TWO: THE SOCIOECONOMIC ISSUE, Issues of Lands, Dams and Displaced Persons
62. The Government shall commit to creating a fair investigation committee in relation to displaced persons, to redress and preserve their humanity, revise land surveys and decisions of compensation committees and provide the necessary services including water, electricity, education, health, and security. Its recommendations shall be submitted to the competent authority to undertake the necessary measures;
...
65. Addressing the conditions of internally displaced persons in the region by reconciling their status and providing them with basic services, including housing, health, education and security among other services;
Page 145, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 10. The Government shall endeavor to create the appropriate conditions and build the necessary infrastructure for the return of forcibly displaced persons to their historic places in Wadi Halfa and around Nubia Lake, in addition to awarding each citizen wishing to return a piece of residential and agrarian land. The Parties shall create a joint mechanism for developing the rules and regulations to identify those concerned with voluntary return and compensation and supervising enforcement of their resettlement with their families
Page 147, TITLE 5, ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 28. The Government shall commit to reviewing the issue of the lands freely possessed by the displaced persons of Amri. The Land Commission shall adjudicate regarding their due rights.
29. Reviewing, addressing and settling the legal status of projects constructed inside the project of Amri displaced persons to become an auxiliary part of the project.
...
32. Addressing the problems of health and education and conducting social studies to remedy the negative phenomena in the community of the displaced persons after displacement.
Page 148, TITLE 5, ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 39. Reviewing the issue of resettling the displaced people of al-Manasir (in al-Mukabrab and alFida) and undertaking the necessary measures for housing, services and agricultural projects
40. The Government shall commit to reviewing the issue of free possession lands of al-Manasir displaced people and the lands commission shall decide on their right through completing the procedures of issuing research licenses
Page 165, TITLE 9, 1. National Issues Implementation matrix
Activity: Hold general elections
Timing: Before the end of the transitional period
Implementing Party: The Elections Commission
Source of Funding: Government of Sudan
Composition:
Procedures: Implement the plan for the return of the IDPs and refugees, hold the Constitutional Conference, conduct the census, issue the elections and political parties law, and establish the elections commission
Reference article: 13.1Groups→Refugees/displaced persons→OtherPage 21, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 31. Concurrent Powers
31.1.The national federal government and the regional government of Darfur shall have the following executive and legislative powers:
...
31.1.15.Relief, resettlement, rehabilitation and reconstruction;
Page 38, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12.15.The Fund shall cooperate and coordinate with other commissions established pursuant to this Agreement, especially the Commission for the Return of IDPs and Refugees, the Development and Reconstruction Commission, the Lands and Hawakeer Commission, the Truth and Reconciliation Committee, the Darfur Special Court for War Crimes, and the mechanisms of traditional justice.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.4.Voluntary return of IDPs and refugees. - Social classGroups→Social class→Anti-discriminationPage 133, TITLE 4. CHAPTER ONE: THE POLITICAL, General Principles
First: Sudan is a sovereign, democratic, parliamentary, pluralistic and decentralized state where rights and duties are based on citizenship without discrimination on grounds of race, faith, culture, sex, color, gender, social or economic status, political opinion, disability, regional affiliation or any other reason.
Page 142, TITLE 5. GENERAL PRINCIPLES
1. Sudan is an independent, sovereign, democratic, parliamentary, pluralistic and decentralized state where rights and duties are based on citizenship without discrimination on grounds of race, faith, culture, sex, color, gender, social or economic status, political opinion, disability, regional affiliation or any other reason.Groups→Social class→SubstantivePage 11, TITLE 1, 14. National Issues of Particularity: The Parties agree on the importance of addressing the following national issues of particularity:
14.1.Kanabi: Guiding principles for the package of socioeconomic remedies:
14.1.1.Stressing the importance of finding urgent and necessary solutions for the issues of permanent housing and services for the Kanabi communities; stressing the importance of finding solutions, within the national framework, to promote rights and support the opportunities of coexistence and social integration.
14.1.2.The importance of engaging with local communities, the Kanabi community, and academic and religious institutions in solutions and mechanisms therefor.
14.1.3.Stressing the importance of finding remedies that promote the economic and productive role that these communities have always played in the private productive projects.
14.1.4.The Parties agree to create a national committee to be called the National Committee to Address the Issues of Housing and Services for the Kanabi Communities.
14.1.5.The national government shall appoint the Committee within a period of no more than (45) days of the date of signing the peace agreement.
14.1.6.The composition of the national Committee shall take into consideration the representation of relevant local communities, academic institutions and representatives of religious schools, provided that the chairperson of the committee is a person known for their independence.
14.1.7.The national government shall commit to enforcing the outcomes of the committee and shall incur the financial and legal consequences thereof.
14.1.8.The committee shall submit its recommendations to the national government within a period of no more than one year from the date of its establishment.
Page 13-14, TITLE 1, 26. Education
26.1. As a comprehensive development renaissance in the country requires modern education, the Parties agree that the Government of Sudan shall commit to mandatory and free public education, introducing policies, holding education conferences, providing the necessary resources to assure quality education for all and to eliminating gaps and regional, gender, and social imbalances in education particularly in the war-affected and least developed areas.
Page 165, TITLE 9, 1. National Issues Implementation matrix
Activity: Form the National Committee to address housing and service issues of the Kanabi communities
Timing: Within 45 days of the date of signing the Final Agreement
Implementing Party: Government of Sudan
Source of Funding: Government of Sudan
Composition:
Procedures: Issue a decision forming the committee
Reference article: 14.1.4. 14.1.5, 14.1.6, 14.1.7, 14.1.8
Gender
- Women, girls and genderPage 4, PREAMBLE
CONFIRMING social, political, and economic justice in a democratic and developmental state in which the rights of all peoples are considered, and equality for women, children, the marginalized, and those with special needs is realized;
Page 7, TITLE 1, 1. General Principles
1.18.Without prejudice to the conditions of qualification and competency and the implementation of the peace agreements concluded with the signatory parties, all Sudanese citizens shall be fairly represented in the civil service, public committees, institutions, commissions, armed forces, and other regular forces at all levels.
1.19.The participation of all Sudanese people shall be guaranteed at all levels of governance, state institutions, and civil service. Fair standards for power sharing shall be developed, without prejudice to the conditions of qualification and competency.
1.20.The importance of fair and effective representation of women at all levels of power and decision-making positions, at a rate of not less than 40% forty percent.
Page 10, TITLE 1, 9. The Constitutional Conference:
9.7. The Parties agree to the fair and equal representation, on the bases of gender, diversity, geography, and age, in the national constitutional conference, and that constitutional conferences in the regions shall be held as part of the constitution-drafting process.
Page 13-14, TITLE 1, 26. Education
26.1. As a comprehensive development renaissance in the country requires modern education, the Parties agree that the Government of Sudan shall commit to mandatory and free public education, introducing policies, holding education conferences, providing the necessary resources to assure quality education for all and to eliminating gaps and regional, gender, and social imbalances in education particularly in the war-affected and least developed areas.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
15. Citizenship shall be the basis of rights and duties with no discrimination on the basis of race, tribe, religion, gender, sex or origin. This does not prevent the existence of laws, programs or activities aimed at improving the conditions of those individuals or groups who have been deprived of their rights based on race, color, religion, or regional or national origin.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
22. Stressing the importance of the representation of women at all levels of power and decision-making positions.
Page 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
...
30.1.12.To rehabilitate and support disabled veterans, orphans, and widows and provide care for the families of war-disabled heroes.
Page 21, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 31. Concurrent Powers
31.1.The national federal government and the regional government of Darfur shall have the following executive and legislative powers:
...
31.1.18.Promoting the role of women and women empowerment.
31.1.19.Gender policies;
...
31.1.22.Maternal and child care and protection;
Page 30, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, General Principles
10. Recognition of the special status of women, children, and youth and their issues, as well as the important role of women and youth in the prevention and resolution of conflicts, in transitional justice processes and in peace-building, and the imperative of their equal participation, and full engagement in all efforts for the maintenance of international peace and security, including justice and reconciliation.
Page 32, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, General Principles
22. The Truth and Reconciliation Committee (TRC)
...
22.4.3 Each Party shall select at least one woman on the committee;
Page 36, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, General Principles
7. Without prejudice to the principle of positive discrimination as set forth in the Peace Agreement, distribution of humanitarian aid, the restitution of resources and property, and the award of compensation and reparations in accordance with this Agreement, shall take place without discrimination on the basis of gender, language, tribe, ethnicity, religion, party affiliation, geographic location, status as a displaced or formerly displaced person/refugee, or any other basis.
Page 36-37, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, General Principles
10. For purposes of the Peace Agreement, the term “victims of the conflict in Darfur” shall mean:
10.1.Individuals and groups affected by the conflict in Darfur, including male and female survivors of rape, victims of physical, mental, and psychological injuries or those who lost their property or whose basic rights were violated.
Page 38, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12.4.Women shall comprise at least 40 percent of the functional structure of the Fund.
...
12.6.The Fund’s procedures shall be simple, accessible, transparent, enforceable, free of charge, and takes into consideration age, gender and persons with disability.
...
12.11.[The Fund shall] develop a table for awarding the timely compensation payments on the basis of financial principles that require awarding financial compensation proportionate to the damage and loss suffered by the victim. Women, men, children and persons with special needs shall be treated equally when implementing the payments.
...
12.16.Regular revision shall be undertaken to ensure the optimal use and distribution of funds allocated to compensate victims, in accordance with the financial procedures applicable in such cases, including the principles of equality of gender and age.
Page 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.3. The Parties shall pay special attention to protecting internally displaced and refugee women, children, and all other vulnerable groups from all forms of harassment, exploitation, and sexual- or gender-based violence;
...
2.6. Aid for conflicts-affected persons shall be distributed without discrimination based on gender, language, race, ethnicity, religion, party affiliation, geographic location, color, or any other discriminatory grounds.
Page 41, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL
4. Suitable Conditions for Return
4.1. With the assistance of the concerned international and domestic institutions, the Parties agree to create the political, economic, social, and security conditions conducive to the voluntary return and acceptable reintegration of IDPs and refugees, without giving preference to any particular group. These conditions shall include, but not be limited to:
...
4.1.11.The Parties shall refrain from attacking, intimidating, or harassing IDPs, refugees or returnees in any way at all times. The human rights of IDPs, refugees and returnees shall be fully respected, with special considerations, protections, and processes for vulnerable groups such as women, children, the elderly, and persons with disabilities;
Page 42-43, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 8. Internally Displaced Persons and Refugees Commission
8.6.3.The IDPRC in Darfur shall establish local committees for claims that shall be comprised of local, traditional, and community leaders, including representatives of IDPs, refugees, and women. The local committees shall investigate compensation-related claims and other means of reparations, and submit their reports to the IDPRC in Darfur;
Page 46, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 8. The Right to Restitution:
8.6. Male and female IDPs and refugees, affected by the conflict, shall have the right to restore any houses, lands, or farms that they have been arbitrarily or illegally deprived of, irrespective of their choice to return to their original homes.
Page 47, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 9. Darfur Lands and Hawakeer Commission
9.6. The DLHC shall form local committees for claims, which include local, traditional, and community leaders, including representatives of IDPs, refugees and women, to investigate claims related to compensations and other means of reparations. The committees submit their reports to the DLHC.
Page 47, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 10. DLHC Powers and Competencies
10.1.The DLHC shall have the following powers and competencies:
10.1.3.To undertake all appropriate arrangements to ensure the full and effective participation of IDPs, refugees, local and traditional leaders, women, and all affected individuals of local communities in its procedures, including the investigation of disputed land claims.
Page 51, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 9. Guiding principles for the final security arrangements, reform, development and modernization of security sector.
9.10.The Parties shall ensure representation of women in structures of the military institution and other security services/security sector and in related decision-making entities, as well as in the reform, development, and modernization of the military establishment and other security services/the security sector.
Page 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 18. Prohibited Acts
18.4.Using force and violence against civilians and subjecting them to maltreatment, including sexual violence against women, which constitutes a violation of international law and relevant domestic law
Page 64, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL 26. Integration
26.18.Integration Requirements
26.18.5.Combatants who have been integrated shall receive training in accordance with the requirements of each unit, while observing the special needs of those individuals. Extensive training shall be an option given to assist former combatants, especially women, to meet such requirements;
...
26.18.7.The Government of Sudan shall pay heed to the special needs of former female combatants of the armed struggle movements, through training and other forms of support;
26.18.8.The Government of Sudan shall provide support, training, and rehabilitation on equal footing to all integrated combatants, males and females.
Page 94, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT, General Principles
5. Representation of women at the national level by a percentage of 40%.
Page 96, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.21.To rehabilitate and assist veterans, persons with special-needs, orphans, widows, and care for martyrs’ families.
...
9.55.To promote the role of women and youth and child protection.
Page 102, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS
34. Women shall be represented by no less than 40% [of the seats] on the legislative council.
Page 103, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS
50. Appointing local men/women of the Two Areas in the judicial institutions:
50.1.Local men and women of the Two Areas shall be appointed in judicial institutions at a percentage to be agreed, while observing positive discrimination for the men and women of the state/region, taking into consideration the competence criteria for appointment in judicial institutions, including the judiciary and public prosecution.
50.2.Women and men from the Two Areas shall be appointed as judges on the national Constitutional Court in accordance with the criteria of competency and proficiency.
50.3.Women and men from the Two Areas shall be represented in the National Commission for Judicial Service and/or the Supreme Judicial Council in accordance with the criteria of competence and professionalism.
50.4.Women and men from the Two Areas shall be represented in the High Public Prosecution Council in accordance with the criteria of competence and professionalism.
Page 104, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS
58. There shall be no less than 40% representation of women in the Council of Ministers.
Page 109, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE'S LIBERATION MOVEMENT - NORTH/ THE SUDAN REVOLUTIONARY FRONT, Preamble
Acknowledging the changes that happened in Sudan as a result of the glorious revolution of December 2018 and the key role women and youth played in the revolution which fulfilled one of the key demands of the Sudanese people.
Page 114, TITLE 3. PERMANENT CHEASEFIRE ARRANGEMENTS,General Principles:
13. Sudanese women shall have a leading role in building and defending the homeland. The unified regular forces shall be reformed and restructured in accordance with the Constitutional Declaration and the final and comprehensive peace agreement. Therefore, women will have an important and effective role in reforming these forces, especially the technical units.
Page 133, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, General Principles
First: Sudan is a sovereign, democratic, parliamentary, pluralistic and decentralized state where rights and duties are based on citizenship without discrimination on grounds of race, faith, culture, sex, color, gender, social or economic status, political opinion, disability, regional affiliation or any other reason.
Page 134, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, General Principles
Second: In order to eliminate political marginalization in Eastern Sudan, the Parties agree to the following principles:
2. Ensuring active and fair participation for the men and women of Eastern Sudan in power at national, regional/state and local levels as well as in all organs of the state in accordance with proportions of the population and positive discrimination while observing qualification and competence criteria.
Page 134, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, General Principles
Second: In order to eliminate political marginalization in Eastern Sudan, the Parties agree to the following principles:
Human Rights and Transitional Justice
7. The Parties shall consider signing and ratifying treaties, agreements and protocols, particularly those related to the rights of women, children and families and complying with the international law and rules of human rights;
8. Codifying UNSC resolution 1325 related to Women, Peace and Security;
Page 135, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, General Principles
Second: In order to eliminate political marginalization in Eastern Sudan, the Parties agree to the following principles:
Education and Human Development Issues
17. The Federal Government shall prioritize the promotion of education at all levels in Eastern Sudan and pay utmost attention to the education of girls;
...
21. The principle of positive discrimination shall be applied to the men and women of the East in higher education scholarships and external university scholarships in accordance with the policies, regulations and standards of higher education;
Page 142, TITLE 5. GENERAL PRINCIPLES
1. Sudan is an independent, sovereign, democratic, parliamentary, pluralistic and decentralized state where rights and duties are based on citizenship without discrimination on grounds of race, faith, culture, sex, color, gender, social or economic status, political opinion, disability, regional affiliation or any other reason.
Page 149-150, TITLE 6. 3. Development, Services, and Revenues
The Government of Sudan shall commit to the following:
3.1.To provide comprehensive development services by establishing socioeconomic development priorities for the rural areas in order to address the displacement crisis that has affected the central areas and address the large percentage of marginalized workers, particularly the youth of both sexes in the cities of the central states.
3.2. Establish specialized centers to combat epidemics and endemic diseases in hot areas, as well as maternity and children’s centers.
...
7. Respecting the fair representation of the Central Track in all committees, commissions, or departments formed to address issues in accordance with the principles of competency, taking into consideration the fair representation of women.
Page 154, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 20. Prohibited Acts.
20.4. Using force and violence against civilians and subjecting them to maltreatment, including sexual violence against women, which constitute a violation of international law and relevant domestic law.
Page 198, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Appoint men and women of the Two Areas in the justice system
Timing: Upon commencing implementation of the Final Agreement and continues thereafter
Implementing Party: The Judiciary and the Attorney General
Source of Funding: the Judiciary and the Attorney General
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Articles 50 to 51.5
Page 199, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish a joint committee to reform the civil service and accommodate the men and women of the Two Areas
Timing: Within 180 days of the date of signing the peace agreement
Implementing Party: Government of Sudan
Source of Funding: Government of Sudan
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the peace agreement
Reference article: Articles 68 to 70
Page 199, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Represent the men and women of the Two Areas in the national commission of reforming the civil service
Timing: after signing the peace agreement
Implementing Party: Government of Sudan
Source of Funding: Government of Sudan
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Articles 71 and 72
Page 203, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Allocate full university and post-graduate scholarships for men and women of the positively discriminated state / region to reverse the impact of wars
Timing: After signing the peace agreement
Implementing Party: Government of Sudan and the state / regional government
Source of Funding: Transitional Government of Sudan
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 108 - Men and boysGender→Men and boys→Gender neutral wordingPage 36-37, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, General Principles
10. For purposes of the Peace Agreement, the term “victims of the conflict in Darfur” shall mean:
10.1.Individuals and groups affected by the conflict in Darfur, including male and female survivors of rape, victims of physical, mental, and psychological injuries or those who lost their property or whose basic rights were violated.
Page 38, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12.11.[The Fund shall] develop a table for awarding the timely compensation payments on the basis of financial principles that require awarding financial compensation proportionate to the damage and loss suffered by the victim. Women, men, children and persons with special needs shall be treated equally when implementing the payments.
Page 46, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 8. The Right to Restitution:
8.6. Male and female IDPs and refugees, affected by the conflict, shall have the right to restore any houses, lands, or farms that they have been arbitrarily or illegally deprived of, irrespective of their choice to return to their original homes.
Page 65, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.18.Integration Requirements
26.18.8.The Government of Sudan shall provide support, training, and rehabilitation on equal footing to all integrated combatants, males and females.
Page 73, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 30. Disarmament, Demobilization and Reintegration (DDR)
30.10.6.To prioritize addressing socioeconomic reintegration of groups with special needs, such as women, or other women, boys, girls who are linked to the forces of the armed struggle movements, as well as other vulnerable groups such as conflict affected children, combatants with disabilities, and the elderly, if any;
Page 103, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 50. Appointing local men/women of the Two Areas in the judicial institutions:
50.1.Local men and women of the Two Areas shall be appointed in judicial institutions at a percentage to be agreed, while observing positive discrimination for the men and women of the state/region, taking into consideration the competence criteria for appointment in judicial institutions, including the judiciary and public prosecution.
50.2.Women and men from the Two Areas shall be appointed as judges on the national Constitutional Court in accordance with the criteria of competency and proficiency.
50.3.Women and men from the Two Areas shall be represented in the National Commission for Judicial Service and/or the Supreme Judicial Council in accordance with the criteria of competence and professionalism.
50.4.Women and men from the Two Areas shall be represented in the High Public Prosecution Council in accordance with the criteria of competence and professionalism.
Page 131, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, General Principles
Second: In order to eliminate political marginalization in Eastern Sudan, the Parties agree to the following principles:
2. Ensuring active and fair participation for the men and women of Eastern Sudan in power at national, regional/state and local levels as well as in all organs of the state in accordance with proportions of the population and positive discrimination while observing qualification and competence criteria.
Page 149-150, TITLE 6. 3. Development, Services, and Revenues
The Government of Sudan shall commit to the following:
3.1.To provide comprehensive development services by establishing socioeconomic
development priorities for the rural areas in order to address the displacement crisis that has affected the central areas and address the large percentage of marginalized workers, particularly the youth of both sexes in the cities of the central states.
Page 172, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Accommodate the men and women of Darfur in upper- and mid-level positions by 20%
Timing: Within 45 days of the date of signing the Final Agreement
Implementing Party: Government of Sudan
Source of Funding:
Composition:
Procedures: Issue appointment decisions
Reference article: 26.1
26.2
Page 173, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Form an independent expert committee by the Supreme Judicial Council concerned with accommodating men and women from Darfur in the judiciary
Timing: After signing the Final Agreement
Implementing Party: The Supreme Judiciary Council
Source of Funding:
Composition:
Procedures: Issue a decision forming the committee
Reference article: 27.2
Page 173, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Appoint/accommodate men and women from Darfur in the judiciary at a rate of 20%
Timing: After signing the Final Agreement
Implementing Party: The Judiciary
Source of Funding:
Composition:
Procedures: Issue appointment decisions
Reference article: 27.1
Page 173, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Form an independent expert committee by the High Council of the Public Prosecution concerned with accommodating men and women from Darfur in the Public Prosecution Office
Timing: After signing the Final Agreement
Implementing Party: The Supreme Council of the Public Prosecution
Source of Funding:
Composition:
Procedures: Issue a decision forming the committee
Reference article: 28.2
Page 173, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Appoint/accommodate men and women from Darfur in the public prosecution office at a rate of 20%
Timing: After signing the Final Agreement
Implementing Party: The Attorney General
Source of Funding:
Composition:
Procedures: Issue appointment decisions
Reference article: 28.1
Page 174, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Exempt all the men and women of Darfur studying in public universities in Darfur from tuition fees
Timing: After signing the Final Agreement and for a period of 10 years, provided that those admitted at the end of the stipulated period benefit from the tuition fee exemption until they complete their studies
Implementing Party: Government of Sudan
Source of Funding: Government of Sudan
Composition:
Procedures: Take the necessary measures to exempt students
Reference article: 29.1.2
Page 174, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Exempt the men and women of Darfur studying in public universities outside Darfur Region in the enumerated disciplines from tuition fees
Timing: After signing the Final Agreement and lasts for 10 years, provided that those admitted at the end of the stipulated period benefit from the tuition fees until they complete their studies
Implementing Party: Government of Sudan
Source of Funding: Government of Sudan
Composition:
Procedures: Take the necessary measures to exempt students
Reference article: 29.1.3
Page 175, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Allocate 20% of the grants, scholarships, qualification, and training opportunities inside Sudan or abroad to the men and women of Darfur.
Timing: After signing the Final Agreement
Implementing Party: Federal Government of Sudan
Source of Funding:
Composition:
Procedures: Issue a decision
Reference article: 29.3
Page 195, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Appoint men and women of the Two Areas in the justice system
Timing: Upon commencing implementation of the Final Agreement and continues thereafter
Implementing Party: The Judiciary and the Attorney General
Source of Funding: the Judiciary and the Attorney General
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Articles 50 to 51.5
Page 196, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish a joint committee to reform the civil service and accommodate the men and women of the Two Areas
Timing: Within 180 days of the date of signing the peace agreement
Implementing Party: Government of Sudan
Source of Funding: Government of Sudan
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the peace agreement
Reference article: Articles 68 to 70
Page 196, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Represent the men and women of the Two Areas in the national commission of reforming the civil service
Timing: after signing the peace agreement
Implementing Party: Government of Sudan
Source of Funding: Government of Sudan
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Articles 71 and 72
Page 200, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Allocate full university and post-graduate scholarships for men and women of the positively discriminated state / region to reverse the impact of wars
Timing: After signing the peace agreement
Implementing Party: Government of Sudan and the state / regional government
Source of Funding: Transitional Government of Sudan
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 108 - LGBTI
No specific mention.
- FamilyPage 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
...
30.1.12.To rehabilitate and support disabled veterans, orphans, and widows and provide care for the families of war-disabled heroes.
Page 36-37, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, General Principles
10. For purposes of the Peace Agreement, the term “victims of the conflict in Darfur” shall mean:
...
10.5.Immediate family or dependents of persons who suffered harm as defined in Paragraph (10.1).
Page 37, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 11. Rights Related to Compensation, Restitution and Reparations
11.1.All victims of the conflict in Darfur shall have an equal right to seek compensation for the losses and damages suffered by them or their families as a result of the Darfur conflict or of other arbitrary or illegal actions that occurred during the conflict in Darfur.
11.2.Reparations shall include, but not be limited to, the right to seek compensation for lost property, lost livelihood, death in the family, personal injury, and other trauma or damages, whether psychological or physical, resulting from the conflict in Darfur.
Page 43, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 8.6. The IDPRC shall exercise the following competencies and functions:
8.6.12.Facilitate the reunion of unaccompanied and separated minors with their parents and families;
Page 66, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 27. The Police
27.13.8.Protect families and children;
Page 96, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.21.To rehabilitate and assist veterans, persons with special-needs, orphans, widows, and care for martyrs’ families.
Page 153, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 19. Permissible Acts
19.1.4. Freedom of movement for unarmed soldiers in civilian attire who are on leave, on sick leave, or are visiting their families pursuant to an authorization issued by the competent authority.
Page 185, TITLE 9, 5. Darfur Track: Displaced Persons and Refugees Implementation Matrix
Activity: Reunite unaccompanied and separated minors with their parents and families
Timing: After establishing the IDPRC
Implementing Party: IDPRC
Source of Funding: IDPRC
Composition:
Procedures: Institute and implement a plan for the reunion
Reference/Article: 8.6.12
State definition
- Nature of state (general)Page 4, PREAMBLE:
SEEKING to fulfill the longings and aspirations of our peoples to end the wars and conflicts and achieve a just, comprehensive, and sustainable peace, that establishes a state based on equal citizenship without discrimination, and brings justice to millions of Sudanese from displaced persons, refugees and the dispossessed who were forcibly displaced by the former regime, who against them committed war crimes, crimes against humanity and genocide;
Page 6, TITLE 1, 1. General Principles
1.3. Sudan is an independent, sovereign, democratic, and federal state in which sovereignty is vested in the people and exercised by the state in accordance with the provisions of the Constitutional Charter, the Peace Agreement and any subsequent constitution to be agreed upon by the Sudanese people.
1.4. The peoples of Sudan are the source of all powers and the government at all levels shall be accountable to the people.
1.5. Ending the war and achieving peace in Sudan represents a sound entry point for achieving security, stability, and democratization in the country.
1.6. Maintaining the unity of Sudan’s people and territory through transformation to a new system of just and good governance shall be a key objective for the peaceful transfer of power in Sudan.
1.7. Complete separation of religious institutions and state institutions to ensure that religion is not exploited in politics and that the state stands at equal distance from all religions and beliefs, provided that this is enshrined in the constitution and laws of the country.
...
1.9. Acknowledgment of and respect for the Sudanese identity and the ethnic, religious and cultural diversity of Sudanese peoples without discrimination on any grounds shall be reflected in the governance system and policies in order to build a state based on equal citizenship for all Sudanese people.
1.10.The principle of unity shall be adopted which is based on mutual recognition and respect among the human, social, political, religious and cultural components of the Sudanese state.
Page 54, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 14. General Provisions and Principles of the Permanent Ceasefire
14.10.This agreement shall not include stipulations that could undermine Sudan’s sovereignty, territorial integrity, national security, and the unity of its armed forces and security services;
Page 92-93, TITLE 3. CHAPTER 2: FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, Requirements for Concluding a Process for Achieving Durable Peace and Political Transformation
58. The Parties agreed on achieving sustainable, inclusive and comprehensive peace in accordance with the framework provided in this Agreement, and particularly the following sequencing requirements:
58.4.The Constitutional Conference shall address, among other issues, the relationship between religion and state, and shall resolve this issue in a manner that is in accordance with the right of citizenship without discrimination.
Page 94, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT, General Principles
1. Equal citizenship without discrimination shall be the basis for all rights and duties. The state shall stand at equal distance from all religions and cultures, without any ethnic, religious, or cultural bias that may lead to derogation of this right. It shall be enshrined in the Constitutional Charter governing the transitional period.
Page 109, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE'S LIBERATION MOVEMENT - NORTH/ THE SUDAN REVOLUTIONARY FRONT, Preamble
Recalling the efforts exerted towards building and structuring a national democratic inclusive state, and the commitment to transitional governance as stipulated in the Constitutional Decree and to what will be provided for in the final peace agreement.
Page 113, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE'S LIBERATION MOVEMENT - NORTH/ THE SUDAN REVOLUTIONARY FRONT, PERMANENT CEASEFIRE ARRANGEMENTS, General and Fundamental Provisions
24. This agreement in no way stipulates anything that may undermine the sovereignty or national security of Sudan.
25. Principles of permanent ceasefire: The Parties agree to a permanent ceasefire between all their forces to achieve a broader goal which is safeguarding the final peace agreement, promoting the culture of peace, reconciliation, confidence building and a new democratic system.
Page 149, TITLE 6. Preamble
EARNESTLY SEEKING from the Government of Sudan the realization of a comprehensive, just, and durable peace for all of Sudan and to maintain Sudan’s unity and sovereignty; - State configurationPage 6, TITLE 1, 1. General Principles
1.3. Sudan is an independent, sovereign, democratic, and federal state in which sovereignty is vested in the people and exercised by the state in accordance with the provisions of the Constitutional Charter, the Peace Agreement and any subsequent constitution to be agreed upon by the Sudanese people.
Page 15, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
2. Sudan is a federal, independent, and sovereign state in which sovereignty is vested in the people and is exercised by the state in accordance with the provisions of the Constitutional Charter.
...
10. Power-sharing is significantly important to the unity, security and stability of the country and represents the peaceful transfer of power through free and fair elections, and the transfer of legislative and executive powers as a guarantee of stability and the foundation of democratic governance in Sudan.
Page 94, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT, General Principles
2. Equal citizenship without discrimination shall be the basis for all civil, political, social, economic, and cultural rights and duties to build a decentralized state based on a system of equitable power and wealth sharing and necessary positive discrimination.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
21. Equitable power-sharing is vital for Sudan’s unity, security and stability. - Self determination
No specific mention.
- Referendum
No specific mention.
- State symbolsPage 230, TITLE 10. (B). GENERAL PRINCIPLES
15. The administration of the National Capital shall reflect the people of Sudan and their diversity;
Page 8-9, TITLE 1. 7. The National Capital:
7.1. The national capital with its three cities shall constitute a symbol of national unity with the rich cultural and social diversity and numerous faiths and traditions they encompass. This requires taking into account the participation of all people of Sudan to manage this great diversity. Therefore, an administration for the national capital shall be established, taking into consideration the fair representation of Sudanese people, provided that the agreed upon Governance Conference shall decide upon it.
7.2. The national capital is a reflection of the Sudanese nation, and as such shall reflect the national character of Sudan with its diversity and values of citizenship without discrimination. It shall also effectively uphold the interests of all Sudanese, especially citizens who have been residing in it before it became a national capital of Sudan.
7.3. To strike a balance between Khartoum’s status as the capital and as a region/state large parts of which suffer from marginalization, the impact of war, displacement, and environmental and service defaults; an economic, social and cultural plan must be developed to promote coexistence, solve the crises of services, infrastructure, the environment, lands, and the organic linkage between the urban and rural areas of the national capital under a development framework that can restore the productive character of the countryside, that does not turn the capital city into an incubator for displacement without resolution of the issues of the countryside, with development and ending the causes of wars and displacement.
7.4. The Parties agree on the importance of effective participation of the residents of Khartoum State in the state-level government agencies, in ministerial and other executive and legislative positions, and in commissions and high administrative positions in institutions of the state of Khartoum.
7.5. To ensure that the administration of the national capital reflects the diversity of Sudan, the Parties agree that the peace process parties shall participate in the institutions of the national capital administration after deciding on its status in the Governance Conference.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.21.The national flag and anthem.
Page 163, TITLE 9, 1. National Issues Implementation matrix
Activity: Participation of the residents of Khartoum State in authorities and high administrative positions within institutions of the state of Khartoum
Timing: Within 30 days of the date of final signing
Implementing Party: Council of Ministers and the Khartoum State Government
Source of Funding:
Composition:
Procedures: Issue decisions by the Khartoum State Government
Reference article: 7.4
Page 163, TITLE 9, 1. National Issues Implementation matrix
Activity: Parties to the Peace Process participate in the administration institutions of the capital city
Timing: Within one month of adopting its status in the governance system conference
Implementing Party:
Source of Funding:
Composition:
Procedures:
Reference article: 7.5 - Independence/secession
No specific mention.
- Accession/unification
No specific mention.
- Border delimitationPage 51, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 9.Guiding principles for the final security arrangements, reform, development and modernization of security sector.
9.7. The Parties agree to reform, develop, and modernize the military establishment and other security services/the security sector, provided that there are short and long-term reforms in furtherance of the objectives and provisions of this agreement, supporting the establishment of a permanent, professional, and independent system to improve their capacity, effectiveness, impartiality, inclusiveness, and professionalism, as well as to strengthen the rule of law in Sudan in accordance with international law and best practices and to establish armed forces that represent the diversity of Sudan and are capable of defending Sudan against foreign enemies and maintaining the sovereignty and territorial integrity of Sudan;
Page 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 17. Permissible Acts
17.1.9.Routine movements of the Armed Forces, to secure international borders and confront national security threats, that pass through assembly areas and bases of the armed struggle movements’ forces; after informing the Military Ceasefire Committee.
Page 75, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 33. Reform, Development, and Modernization of the Military Establishment and Other Security Services
33.5.The Parties agree on the following:
33.5.8.To review the strategic deployment of the Armed Forces to ensure defense of the borders and maintaining the sovereignty of the state;
Page 134, TITLE 4, CHAPTER TWO: THE SOCIOECONOMIC ISSUE, Issues of Lands, Dams and Displaced Persons
59. Reaffirming sovereignty of the country and maintaining its lands in al-Fashqa and demarcating the borders with Ethiopia and resolving the issue of Halayeb.
Page 222, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Issues of lands, dams and displaced personsTiming: After ratifying the Peace Agreement
Implementing Party:
Funding:
Composition: the Parties
Procedures: -Address border issues with Ethiopia and conclude the issue of Halayeb
- Issue a decision creating a regional land commission
- Issue a decision to review land settlement and registration laws
- Issue a decision creating an investigation committee regarding displaced persons
- Issue a decision to revise investment contracts
- Issue a decision to form a committee to revise the contracts of Upper Atbara and Setit
- Issue a decision to address the situation of displaced persons
Reference / article: 57, 58, 59, 60, 61, 62 and 63 - Cross-border provisionPage 53, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 14. General Provisions and Principles of the Permanent Ceasefire
14.4.The permanent ceasefire agreement must ensure freedom of mobility for people, particularly civilians, commodities, and services across Sudan as well as opening border crossings with neighboring countries in accordance with the agreements signed with them and the necessary security measures;
Page 138, TITLE 4. CHAPTER TWO: THE SOCIOECONOMIC ISSUE, General Principles
48. The government shall take the necessary measures to resume shipping and unloading operations and the measures of customs and customs clearance to the states/region of Eastern Sudan;
Page 138, TITLE 4. CHAPTER TWO: THE SOCIOECONOMIC ISSUE, Developing and Managing Natural Resources and Infrastructure
56. Studying the establishment of free zones at the borders with neighboring countries
Page 146-147, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 22. Improving and encouraging cross-border trade and crossings and rehabilitating customs stations, establishing free zones, dry ports and regulating cross-border trade and establishing a stock market for dates, grains and agricultural, animal and fish products.
Page 212, TITLE 9, 12. Northern Track Implementation matrix
Activity: Improve and encourage cross- border trade and crossings
Timing: After ratifying the peace agreement
Implementing Party: Government of Sudan and local and international environmental organisations
Sources of Funding: Government of Sudan
Composition:
Procedures:
Reference / article: Article 22 (Northern Track Issues)
Page 221, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Take the necessary measures to resume shipping and unloading operations and customs and customs clearance procedures in states/region of Eastern Sudan
Timing: After ratifying the Peace Agreement
Implementing Party: Government of Sudan and the state/regional government
Funding: Transitional Government of Sudan
Composition:
Procedures: Take measures and decisions on implementation
Reference / article: 47
Governance
- Political institutions (new or reformed)Governance→Political institutions (new or reformed)→General referencesPage 6-7, TITLE 1, 1. General Principles
1.13.The separation of executive, legislative, and judicial powers should lead to reinforcing of the foundations of good governance, accountability, transparency, and commitment to the security and well-being of the people.
...
1.18.Without prejudice to the conditions of qualification and competency and the implementation of the peace agreements concluded with the signatory parties, all Sudanese citizens shall be fairly represented in the civil service, public committees, institutions, commissions, armed forces, and other regular forces at all levels.
1.19.The participation of all Sudanese people shall be guaranteed at all levels of governance, state institutions, and civil service. Fair standards for power sharing shall be developed, without prejudice to the conditions of qualification and competency.
1.20.The importance of fair and effective representation of women at all levels of power and decision-making positions, at a rate of not less than 40% forty percent.
Page 74, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 33. Reform, Development, and Modernization of the Military Establishment and Other Security Services
33.3.Security and Defense Committee in the Transitional Parliament.
33.3.1.The Security and Defense Committee in the Transitional Parliament shall, among other duties, pay special attention to overseeing the implementation of the security arrangements agreement and the reform, modernization, and development plan for the military establishment and security institutions.
Page 154, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 20. Prohibited Acts
20.16. Forces may not exercise any powers of the civilian authority.
Page 170, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Exempt armed political movements from the provisions of the Political Parties Law of 2007
Timing: Upon registration
Implementing Party: Government of Sudan
Source of Funding:
Composition:
Procedures: Take the necessary measures
Reference article: 6
Page 206, TITLE 9, 12. Northern Track Implementation matrix
Activity: Reform governance and state institutions
Timing: After holding the governance system conference
Implementing Party: The Parties and all stakeholders
Sources of Funding: Government of Sudan
Composition: -
Procedures: Issue decisions and form committees
Reference / article: Article 6 General Principles
Page 215, TITLE 9, 15. Eastern Track Implementation matrix
Activity: System of governance
Timing: After the governance and administration conference
Implementing Party: Government of Sudan
Funding: Transitional Government of Sudan
Composition:
Procedures: Issue decrees and laws
Reference / article: 1Governance→Political institutions (new or reformed)→Temporary new institutionsPage 8, TITLE 1, 2. Transitional Period:
2.1. The Parties agree to a thirty-nine (39) month transitional period that enters into force upon the date of signing the peace agreement.
PAGE 8, TITLE 1. 3. Article (20) of the Constitutional Charter:
3.1. The Parties agree to exempt representatives of parties to the peace process signatory to this agreement from Article 20 of the Constitutional Charter in the Sovereign Council and the Council of Ministers. This provision shall not apply to state/region governors. The aforementioned provision shall apply to exempt representatives, provided that they shall submit their resignation six months prior to the end of the agreed upon transitional period. Their respective organizations may choose their successors in those positions.
4. Sovereign Council:
4.1. The Parties agree that parties of the peace process signatory to this agreement shall be represented on the current transitional Sovereignty Council by three (3) members.
5. Council of Ministers:
5.1. The Parties agree that the peace process parties signatory to this agreement shall be represented on the Council of Ministers by five ministries, which equals twenty five percent (25%) of the national Council of Ministers, in accordance with the procedures established in the Constitutional Charter.
6. The Transitional Legislative Council:
6.1. The Parties agree that the peace process parties signatory to this agreement shall be represented on the Transitional Legislative Council by twenty five percent (25%), which is equal to seventy-five (75) seats out of the total number of the three hundred (300) seats.
Page 6, TITLE 1, 1. General Principles
8. National Commissions, Committees, Agencies, and Institutions:
8.1. Representation in the commissions and committees provided for in the peace agreements shall be in accordance with the provisions stipulated in the peace agreements concluded in the different negotiation tracks.
8.2. National committees whose nature requires appointing partisan personalities, shall include representation of the peace process parties in the same proportion as their representation at the national level, including the chairmanship of those bodies, without prejudice to what has been agreed in the different negotiation tracks.
8.3. The Parties agree that signatory parties to this agreement shall hold the positions that they have obtained under this agreement until the end of the transitional period. They shall respectively assume responsibility for providing a replacement if a position becomes vacant, in accordance with the loss of membership conditions for the specific position.
8.4. The Parties agree that the Civil Service Reform Commission shall undertake the task of reviewing appointments in leading positions in the civil service that were made since the formation of the Transitional Government, provided that the Parties agree on how the commission should be formed.
8.5. The Parties agree on the participation of signatory parties to this agreement in the Anti- Corruption Committee and other committees to be established pursuant to the conditions thereof.
8.6. The Parties agree to establish and structure commissions relevant to the implementation of the peace agreement in partnership with signatory parties to this agreement.
Page 101-104, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 26. Powers in the states/regions of Blue Nile and South Kordofan/ Nuba Mountains and West Kordofan (in their current status) shall be as follows:
26.1.Executive Authority.
26.2.Legislative Authority.
26.3.Judicial Authority.
27. The Executive Authority: organs of executive authority in the state/region shall comprise of:
27.1.State/regional governor.
27.2.State/regional council of ministers.
27.3.State/regional commissions.
28. The Legislative Authority: the state/region shall have a legislative authority/legislative council.
...
32. Composition: the state/regional legislative council shall be comprised on the basis of the population census, while observing diversity, balance, and equitable representation of localities in the state/region of Blue Nile and the states of South Kordofan/ Nuba Mountains and West Kordofan. Members thereof shall be appointed in accordance with this Agreement.
33. Appointment shall be based on the following conditions:
33.1.Be the holder of Sudanese nationality by birth and a citizen of the state/region.
33.2.Be no less than twenty-one years of age.
33.3.Be of sound mind.
33.4.Be literate.
33.5.Have not been convicted with a dishonorable or disgraceful crime.
34. Women shall be represented by no less than 40% [of the seats] on the legislative council.
35. Geographic representation and ethnic and religious diversity shall be observed in the composition of the legislative council.
36. Functions of Legislative Councils in the Two Areas: legislative councils in the Two Areas shall exercise the powers and competencies of the right to legislate for the Two Areas as set forth in this Agreement.
37. The legislative council shall exercise legislative powers stipulated under the exclusive powers and competencies of the state/region, legislation related to the powers and competencies jointly shared between the national government and the state/regional government, and residual powers and competencies.
38. The legislative council shall monitor the executive authority and pass and enact legislation that is endorsed by the state/region governor.
39. Approve the state/region constitution. The state/region governor shall ratify it.
40. The state/region governor shall ratify any law passed by the legislative council. In the event the law is not ratified within 30 days after the date of the deposit thereof, it shall be considered valid, unless the state/region governor submits a constitutional challenge.
41. The legislative council shall issue regulations and procedures governing its work and its committees, and it shall elect the speaker of the council and chairmen of the committees.
42. Members of the legislative council shall enjoy procedural immunity as specified by the law.
43. Without prejudice to its monitoring role over the executive authority, the council shall work in harmony and good faith with the executive authority for the implementation of this Agreement.
...
52. Appointment in constitutional positions: Constitutional positions enumerated in this Agreement shall be occupied by persons appointed by consensus of the Parties.
...
55. The Council of Ministers: the state/region council of ministers shall be established by a decision of the state/region governor, in consultation with his/her deputy.
56. The Council of Ministers shall be composed of the state/region governor, their deputy, and ministers.
57. The state/region governor shall preside over the Council of Ministers and in the case of his/her absence or delegation thereof, the deputy state/region governor shall preside.
58. There shall be no less than 40% representation of women in the Council of Ministers.
59. Competency and diversity shall be observed in the appointment of Ministers.
60. The state/region Council of Ministers shall be accountable for the conduct of its functions before the state/region governor. Performance of the Council of Ministers shall be monitored by the state/region legislative council.
61. Powers and competencies of the Council of Ministers: without prejudice to the powers of the state/region governor, the Council of Ministers shall be the highest executive authority and shall assume the following powers:
61.1.Exercise of exclusive, joint, and residual powers and competencies.
61.2.Establishment of commissions in the state/region.
...
63. Members of the Council of Ministers shall enjoy procedural immunity as defined by law.
Page 162, TITLE 9, 1. National Issues Implementation matrix
Activity: Extend the transitional period
Timing: [for a period of] 39 months from the date of the final signing
Implementing Party: The Parties to the Agreement
Source of Funding:
Composition:
Procedures:
Reference article: 2
Page 162, TITLE 9, 1. National Issues Implementation matrix
Activity: Appoint Parties to the Peace Process in the Sovereign Council
Timing: Within 7 days of integrating the peace agreements in the Constitutional Charter
Implementing Party: The Sovereign Council
Source of Funding:
Composition:
Procedures: Select 3 members by Parties to the Peace Process
Reference article: 4
Page 162-163, TITLE 9, 1. National Issues Implementation matrix
Activity: Appoint Parties to the Peace Process in the Council of Ministers
Timing: Within 7 days of integrating the peace agreements to the Constitutional Charter
Implementing Party:
Source of Funding:
Composition:
Procedures: Select ministers by the Parties to the Peace Process
Reference article: 5
Page 163, TITLE 9, 1. National Issues Implementation matrix
Activity: Appoint Parties to the Peace Process in the Legislative Council
Timing: Within 60 days of the date of the final signing
Implementing Party: The Sovereign Council
Source of Funding:
Composition:
Procedures: Select members on the Transitional Legislative Council by Parties to the Peace Process
Reference article: 6
Page 163, TITLE 9, 1. National Issues Implementation matrix
Activity: Represent Parties to the Peace Process on the national committees whose nature require partisan representation
Timing: Within 30 days of integrating the peace agreements in the Constitutional Charter
Implementing Party: Transitional Government of Sudan
Source of Funding:
Composition:
Procedures: Issue a decision appointing representative of the Parties to the Peace Process on these committees
Reference article: 8.2
Page 164, TITLE 9, 1. National Issues Implementation matrix
Activity: Participation of signatory parties to this agreement on the Anti-Corruption Committee and other committees established or to be established
Timing: Immediately after integrating the peace agreements in the Constitutional Charter
Implementing Party: Transitional Government of Sudan
Source of Funding:
Composition:
Procedures: Issue appointment decisions
Reference article: 8.5
Page 197, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish a committee to draft a transitional constitution of the state / region
Timing: After the system of governance conference
Implementing Party: State / region governor
Source of Funding: state / regional government
Composition: Partners in the transitional governance
Location: state / region
Procedures, Method & Criteria:
Reference article: Article 31 - ElectionsPage 6, TITLE 1, 1. General Principles
1.12.Just power sharing is important to the unity, security and stability of Sudan. The peaceful transfer of power through free and fair elections, and the delegation of legislative, executive, and judicial powers to the different levels of governance are guarantees for stability and is the solid foundation for democratic governance in Sudan.
Page 8, TITLE 1, 3. Article (20) of the Constitutional Charter [coder note: this refers to ability of certain persons to run in elections after the transition period]:
3.1. The Parties agree to exempt representatives of parties to the peace process signatory to this agreement from Article 20 of the Constitutional Charter in the Sovereign Council and the Council of Ministers. This provision shall not apply to state/region governors. The aforementioned provision shall apply to exempt representatives, provided that they shall submit their resignation six months prior to the end of the agreed upon transitional period. Their respective organizations may choose their successors in those positions.
Page 10-11, TITLE 1, 13. Elections:
13.1.The Parties agree to hold free and fair general elections with international monitoring at the end of the transitional period, provided that it is preceded by the implementation of the agreed plan for the return of IDPs and refugees, as stipulated in the different track agreements, holding of the national Constitutional Conference, conducting the census, issuing the law on elections and political parties, and establishing the Elections Commission.
Page 93, TITLE 3, CHAPTER 2: FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, Requirements for Concluding a Process for Achieving Durable Peace and Political Transformation
58. The Parties agreed on achieving sustainable, inclusive and comprehensive peace in accordance with the framework provided in this Agreement, and particularly the following sequencing requirements:
58.5.The Parties agreed that a general election shall be held as a peace dividend and after reviewing the election laws and requirements, and conducting a new nationwide census following the voluntary return of IDPs and refugees within the framework of the transitional period arrangements.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.14.Conduct population census and partake in revising elections laws.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.34.Laws regulating national elections and monitoring elections through the national commission for elections.
Page 162, TITLE 9, 1. National Issues Implementation matrix
Activity: Exempt representatives of Parties to the Peace Process signatory to this Agreement from Article 20 of the Constitutional Charter
Timing:
Implementing Party:
Source of Funding:
Composition:
Procedures:
Reference article: 3
Page 165, TITLE 9, 1. National Issues Implementation matrix
Activity: Hold general elections
Timing: Before the end of the transitional period
Implementing Party: The Elections Commission
Source of Funding: Government of Sudan
Composition:
Procedures: Implement the plan for the return of the IDPs and refugees, hold the Constitutional Conference, conduct the census, issue the elections and political parties law, and establish the elections commission
Reference article: 13.1 - Electoral commissionPage 10-11, TITLE 1, 13. Elections:
13.1.The Parties agree to hold free and fair general elections with international monitoring at the end of the transitional period, provided that it is preceded by the implementation of the agreed plan for the return of IDPs and refugees, as stipulated in the different track agreements, holding of the national Constitutional Conference, conducting the census, issuing the law on elections and political parties, and establishing the Elections Commission.
Page 165, TITLE 9, 1. National Issues Implementation matrix
Activity: Establish the Elections Commission
Timing: Sufficiently in advance of holding elections
Implementing Party: Sovereignty Council
Source of Funding: Government of Sudan
Composition:
Procedures: Issue the Elections Law and the decision to create the Commission
Reference article: 13.1 - Political parties reformGovernance→Political parties reform→Rebels transitioning to political partiesPage 15, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
6. For the purpose of being registered as political parties, the Parties agree to exempt armed political movements from the provisions of the Political Parties Law of 2007 provided that those movements are signatory to the Peace Agreement that includes security arrangements.
Page 101, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 29. The Parties agree that the SPLM-N-SRF shall partake in the institutions of the transitional authority in accordance with the National Issues Agreement, as well as all commissions and mechanisms related to the implementation of the Peace Agreement and the Constitutional Charter.
Page 170, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Exempt armed political movements from the provisions of the Political Parties Law of 2007
Timing: Upon registration
Implementing Party: Government of Sudan
Source of Funding:
Composition:
Procedures: Take the necessary measures
Reference article: 6Governance→Political parties reform→Other political parties reformPage 7, TITLE 1, 1. General Principles
1.26.Political pluralism and the formation of political parties, trade unions and other organizations are essential for good governance and political participation in Sudan.
Page 10-11, TITLE 1, 13. Elections:
13.1.The Parties agree to hold free and fair general elections with international monitoring at the end of the transitional period, provided that it is preceded by the implementation of the agreed plan for the return of IDPs and refugees, as stipulated in the different track agreements, holding of the national Constitutional Conference, conducting the census, issuing the law on elections and political parties, and establishing the Elections Commission.
Page 165, TITLE 9, 1. National Issues Implementation matrix
Activity: Issue the Political Parties Law
Timing:
Implementing Party: Government of Sudan
Source of Funding:
Composition:
Procedures: Issue the Political Parties Regulation Law
Reference article: 13.1 - Civil societyPage 7, TITLE 1, 1. General Principles
1.26.Political pluralism and the formation of political parties, trade unions and other organizations are essential for good governance and political participation in Sudan.
Page 30, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL,
General Principles
11. Children implicated in the conflict, who may have been involved in the commission of crimes under international law, if any, shall be considered victims and treated in accordance with the Convention on the Rights of the Child, Protocol II to the Geneva Convention, the African Charter on Rights and Welfare of the Child, the Beijing Rules, and relevant international juvenile justice and standards of fair trial. In conjunction with UNICEF and other relevant international organizations, the Parties shall work to rehabilitate and reintegrate child soldiers into society.
Page 38, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12.14.The Fund may receive assistance from national, regional and international organizations and NGOs in its field of work.
Page 42, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 7. International Support
7.2. The Parties shall commit to granting national and international aid organizations full land, air, and sea access to all territories and IDPs to implement the voluntary return and resettlement programs, within the framework of ratified international agreements, and in accordance with national laws;
Page 43, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 8. Internally Displaced Persons and Refugees Commission
8.6.16.Work with UNAMID/ a third party, UN agencies, relevant national and international agencies, and other international and national aid organizations to ensure proper protection and dignified treatment of IDPs and refugees during the process of return and reintegration or resettlement;
Page 49, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, Preamble
RECOGNIZING that the core of this agreement is inclusiveness and the involvement of armed groups, political forces, and civil society to become part of the peace process, to play a role therein, and contribute to maintaining this agreement.
Page 51, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 9.Guiding principles for the final security arrangements, reform, development and modernization of security sector.
9.3. All agreements on and arrangements for the cessation of hostilities or permanent ceasefire, or for security arrangements and all other reforms shall also serve to facilitate or ensure safe, immediate, and unhindered humanitarian access;
9.4. The Parties shall create appropriate security conditions for the unimpeded flow of humanitarian assistance and goods;
Page 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 17. Permissible Acts
17.1.7.Humanitarian action by facilitating the flow of relief and humanitarian assistance in accordance with the agreed regulations;
17.1.8.Medical evacuation;
Page 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 18. Prohibited Acts
18.17.Assembly area forces may not object to any social, humanitarian, or societal services provided by the competent authorities;
Page 60, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 25. Command and Control Mechanisms
25.6.The Permanent Ceasefire Committee:
25.6.4.11.Facilitate the flow of humanitarian assistance;
25.6.4.12.The Ceasefire Committee shall work with the Parties and the Joint Humanitarian Committee to define specific methods, as necessary, to provide humanitarian assistance to specific areas in coordination with the Humanitarian Assistance Commission. Chairman of the committee shall make any final decisions on the means of the delivery of humanitarian aid in consultation with the Parties.
Page 61, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 25. Command and Control Mechanisms
25.7.Sectoral Committee.
25.7.1.4.To have bylaws to regulate its work;
Page 68, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 29. Security Keeping Force in Darfur.
29.5.Functions of the Security Keeping Force in Darfur.
29.5.9.Creating an appropriate environment for humanitarian action in areas of return for IDPs and refugees by facilitating and protecting access to national, foreign, governmental, and non-governmental aid organizations;
...
29.5.11.Helping to secure a protective environment for civilians through the protection of general prosecution offices, branch police stations, motor and on-foot police patrols, and humanitarian aid convoys;
Page 89, TITLE 3. CHAPTER 2: FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, Confidence-building measures for implementation
57. The Parties commit to immediate implementation of confidence-building measures, including the following:
57.1.Continued implementation of unrestricted and unconditional delivery of relief and humanitarian aid from within and outside of Sudan, as provided for in the Agreement on humanitarian assistance and cessation of hostilities signed on 17 December 2019.
Page 112, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Permanent Ceasefire Arrangements
General and Fundamental Provisions
...
17. The Parties agree that inclusiveness is the essence of this agreement and thereby to engage the armed groups, political forces, and civil society as part of the peace process that shall play a role therein and contribute to safeguarding this agreement.
...
20. The Parties shall commit to engaging judicial and legal bodies, national organizations, and the International Committee of the Red Cross in the process of releasing all prisoners of war and other people detained or convicted as a result of the war as well as looking for missing persons in a fashion that promotes reconciliation and heals the wounds of war. - Traditional/religious leadersPage 34, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL,
23. Traditional Justice Mechanisms.
23.12.Local and regional leaders and tribal elders shall oversee the functions of traditional justice mechanisms. Judges and members of justice mechanisms shall be persons of high integrity.
23.13.The Parties shall consult local and regional leaders and civil administrations on how to bestow an official character to traditional justice mechanisms in the national justice system.
Page 38, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12.8.All forms of documents issued by competent bodies shall be admissible before the Compensations and Reparations Fund, after examining and verifying their authenticity, including but not limited to:
...
12.8.2.Testimony by traditional and local leaders;
Page 42-43, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 8. Internally Displaced Persons and Refugees Commission
8.6.3.The IDPRC in Darfur shall establish local committees for claims that shall be comprised of local, traditional, and community leaders, including representatives of IDPs, refugees, and women. The local committees shall investigate compensation-related claims and other means of reparations, and submit their reports to the IDPRC in Darfur;
Page 47, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 9. Darfur Lands and Hawakeer Commission
9.6. The DLHC shall form local committees for claims, which include local, traditional, and community leaders, including representatives of IDPs, refugees and women, to investigate claims related to compensations and other means of reparations. The committees submit their reports to the DLHC.
Page 47, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 10. DLHC Powers and Competencies
10.1.The DLHC shall have the following powers and competencies:
...
10.1.3.To undertake all appropriate arrangements to ensure the full and effective participation of IDPs, refugees, local and traditional leaders, women, and all affected individuals of local communities in its procedures, including the investigation of disputed land claims.
Page 187, TITLE 9, 5. Darfur Track: Displaced Persons and Refugees Implementation Matrix
Activity: Form local committees for claims comprising local, traditional, and community leaders
Timing: Immediately after the establishment of the IDPRC
Implementing Party: IDPRC
Source of Funding:
Composition: Local, traditional, and community leaders, and representatives of IDPs, refugees and women’s organizations
Procedures: Issue decisions to form the committees
Reference/Article: 8.6.3
Page 191, TITLE 9, 7. Darfur Track: Land and Hawakeer Implementation Matrix
Activity: Form local committees for claims that include local, traditional, and community leaders.
Timing: Immediately after the establishment of the DLHC
Implementing Party: DLHC
Source of Funding:
Composition: Local, traditional and community leaders, and representatives of IDPs, refugees and women’s organizations
Procedures: Issue decisions to form the committees
Reference/Article: 9.6 - Public administrationPage 7, TITLE 1, 1. General Principles
1.18.Without prejudice to the conditions of qualification and competency and the implementation of the peace agreements concluded with the signatory parties, all Sudanese citizens shall be fairly represented in the civil service, public committees, institutions, commissions, armed forces, and other regular forces at all levels.
1.19.The participation of all Sudanese people shall be guaranteed at all levels of governance, state institutions, and civil service. Fair standards for power sharing shall be developed, without prejudice to the conditions of qualification and competency.
1.20.The importance of fair and effective representation of women at all levels of power and decision-making positions, at a rate of not less than 40% forty percent.
Page 9, TITLE 1, 8. National Commissions, Committees, Agencies, and Institutions:
8.4. The Parties agree that the Civil Service Reform Commission shall undertake the task of reviewing appointments in leading positions in the civil service that were made since the formation of the Transitional Government, provided that the Parties agree on how the commission should be formed.
Page 10, TITLE 1, 12. Census:
12.1.The Parties agree to conduct a national census in an effective and transparent manner before the end of the transitional period, with international support and oversight.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
18. All Sudanese citizens shall be justly and fairly represented in the civil service, public bodies, institutions, commissions, armed forces and other regular forces at all upper and middle levels.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
19. Darfur citizens shall be guaranteed participation at all levels of government, state institutions, and civil service through equitable power-sharing standards.
Page 17, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 26. National Civil Service
26.1.The Parties agree to address the imbalance in the national civil service in favor of citizens of Darfur at all levels of employment according to population ratio and positive discrimination standards, provided that appointments are made in accordance with eligibility and competence criteria.
Page 17-18, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 26. National Civil Service
26.2.The Parties agree to accommodate the men and women of Darfur in upper and mid-level positions (undersecretaries, ambassadors, members of diplomatic missions, general managers, various administrations and departments in national ministries and commissions, the judiciary, public prosecution, national and semi-national institutions, banks, and the boards of public and semi-public companies) by 20% provided that appointment is made by political decree within 45 (forty-five days) of the date of signing the Peace Agreement.
26.3.The Parties agree to form a joint committee to select persons to be accommodated by the foregoing article.
Page 18, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 26. National Civil Service
26.4.The Parties agree to form a committee to identify the imbalance in civil service. The committee shall comprise specialists agreed upon by the Parties under the supervision of the Civil Service Reform Commission to identify the imbalance in the representation of the men and women of Darfur in the national civil service at all employment levels and in all state institutions within a period not exceeding 6 (six months) from the date it commences operations. The committee shall submit its report to the Civil Service [Reform] Commission and the Parties to this Agreement. The Prime Minister shall take all necessary corrective measures within no more than 45 (forty-five days) from the date of the submission of the report, provided that the committee commences undertaking its mandates within 60 (sixty days) from the date of signing of the Peace Agreement.
26.5.The Parties agree to address the imbalance in the representation of the men and women of Darfur in the national civil service as defined by the committee referred to in the aforementioned paragraph by applying the standards of population proportionality and positive discrimination, while taking stock of the advantages and disadvantages of previous experiences and taking standards of qualification and competence into consideration.
26.6.Persons arbitrarily dismissed from civil service for reasons related to the conflict in Darfur shall have their situation remedied through the National Committee for the Reinstitution of Arbitrarily Dismissed Persons.
Page 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
...
30.1.5.To appoint employees in the government of the Darfur Region, determine their authorities, and pay their salaries;
Page 31, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 23. Traditional Justice Mechanisms
23.13.The Parties shall consult local and regional leaders and civil administrations on how to bestow an official character to traditional justice mechanisms in the national justice system.
Page 60, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 25. Command and Control Mechanisms
25.6.The Permanent Ceasefire Committee:
25.6.4.2.Institute a communications system and procedures for effective and trustworthy communication with the Parties and other actors and stakeholders (leaders of civil administrations, civil society, IDPs, and refugees);
Page 65, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 27. The Police
27.4.The Parties recognize that the Sudanese police shall be a law-enforcement service that is composed and commanded at a national level, operating at state/regional level with the presence of federal departments that undertake their federal obligations and duties;
...
27.11.The state shall provide the necessary logistics and budget;
Page 88-98, TITLE 3. CHAPTER 2: FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, 52. The Parties need to rectify the historic lack of representation of the residents of the Blue Nile region / state in the governance structure of Sudan through positive discrimination in the federal government and national civil service.
Page 95-96, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.5. The provisions on positive discrimination as set forth in this Agreement related to power, wealth, and civil service matters is [a means] to remedy grievances suffered by the people of the Two Areas and address the root causes of the crisis that led to wars in the Two Areas.
...
9.14.To appoint employees and civil servants in the state/regional government, determine their competencies, and pay their salaries.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.16.Positive discrimination for the Two Areas at the national level, especially in civil service.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.8.Definition and provision of wages and allowances for civil servants at the national level.
Page 111, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GENERAL PROVISIONS, 109. Staff of civil service institutions in the areas controlled by the SPLM-N-SRF shall be reviewed, integrated, and included in civil service structures in the Two Areas to ensure the unification of governance institutions, the state mandate and the system that emerged by virtue of the agreement on all Sudanese territories in accordance with the legislation and standards of civil service while observing positive discrimination.
Page 135, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, Representation of the People of the East in Civil Service, 14. The Parties agreed to remedy the imbalance in national civil service for citizens of Eastern Sudan at all levels of employment proportionate to population weight and according to positive discrimination criteria provided that appointment is made according to qualification and competence standards;
15. The Federal Government shall endeavor to accommodate the men and women of Eastern Sudan in all national civil service posts by a percentage of up to 14% of all public employment posts. This shall be done under the supervision of the National Commission for Civil Service
Reform;
Page 163-164, TITLE 9, 1. National Issues Implementation matrix
Activity: Review appointments in the leading positions in civil service
Timing: Within 90 days of of the date of integrating the peace agreements in the Constitutional Charter
Implementing Party: The Civil Service Reform Commission
Source of Funding:
Composition:
Procedures: Review appointments
Reference article: 8.4
Page 165, TITLE 9, 1. National Issues Implementation matrix
Activity: Conduct a national census
Timing: Continues after signing the Final Agreement
Implementing Party: Government of Sudan with international assistance and monitoring
Source of Funding: Government of Sudan with international assistance
Composition:
Procedures: Issue a decision to conduct the national census
Reference article: 12.1
Page 175, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Form a joint committee to select persons to be accommodated in upper- and middle-level positions of the civil service
Timing: After signing the Final Agreement
Implementing Party: The Parties
Source of Funding:
Composition:
Procedures: Issue decisions forming the committee
Reference article: 26.3
Page 175, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Form a committee to identify imbalance in civil service
Timing: After signing the Final Agreement, the committee commences implementation of its mandate within 60 days of the date of signing the Final Agreement, and submits its report within 6 months of the date of signing
Implementing Party: The Parties
Source of Funding:
Composition:
Procedures: Issue a decision forming the committee and taking the necessary corrective measures within no more than 45 days of the date of submission of the report
Reference article: 26.4, 26.5
Page 175, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Remedy the situation of persons arbitrarily dismissed from civil service for reasons related to the conflict in Darfur
Timing: After signing the Final Agreement
Implementing Party: The National Committee for reinstituting the arbitrarily dismissed persons
Source of Funding:
Composition:
Procedures: Take the necessary measures
Reference article: 26.8
Page 199, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish a joint committee to reform the civil service and accommodate the men and women of the Two Areas
Timing: Within 180 days of the date of signing the peace agreement
Implementing Party: Government of Sudan
Source of Funding: Government of Sudan
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the peace agreement
Reference article: Articles 68 to 70
Page 199, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Represent the men and women of the Two Areas in the national commission of reforming the civil service
Timing: after signing the peace agreement
Implementing Party: Government of Sudan
Source of Funding: Government of Sudan
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Articles 71 and 72
Page 203, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Integrate and accommodate for staff of civil service in the areas controlled by the SPLM-N-SRF
Timing: After signing the peace agreement
Implementing Party: state / regional government
Source of Funding: state / regional government
Composition:
Location:
Procedures, Method & Criteria:
Reference article: Article 109
Page 219, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Remedy the imbalance in representation in the national civil service for citizens of Eastern Sudan at all levels
Timing: After final signing of the Peace Agreement
Implementing Party: Government of Sudan (Commission of reforming the national civil service)
Funding: Government of Sudan
Composition: The parties
Procedures: Issue the appointment decrees and decisions (undersecretaries, university deans, directors and presidents of institutions and organs, the diplomatic sector, media outlets, etc.)
Reference / article: 14 & 15 - ConstitutionGovernance→Constitution→Constitution affirmation/renewalPage 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:...30.1.1.To adopt and amend the constitution of the regional government of Darfur in a manner that does not contradict the national constitution;
Page 62, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.2.The ultimate purpose of the integration process is for the Sudanese Armed Forces, with its new unified military doctrine that protects citizens, the homeland, and the constitution; to be the only professional national army and to integrate all other forces present on Sudanese territory in a unified professional national army;
Page 67, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 28. The General Intelligence Service
28.7.The General Intelligence Service shall have the following competencies:
28.7.1.Preserve the national security of Sudan, protect its constitution, social fabric, and the safety of its citizens from any threat, in coordination with other regular forces;
...
28.7.9.Undertake any other functions for which it is tasked, provided that such functions are not inconsistent with the Constitution.
Page 68, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 29. Security Keeping Force in Darfur.
29.5.Functions of the Security Keeping Force in Darfur.
29.5.1.Undertaking the constitutional, moral, and political responsibility of the Government of Sudan in protecting civilians;
Page 74, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 33. Reform, Development, and Modernization of the Military Establishment and Other Security Services
33.5.The Parties agree on the following:
33.5.3.The military doctrine shall be based on the Constitution;
Page 151, TITLE 7. Preamble
Recalling the efforts exerted towards building a national democratic inclusive state, and the commitment to transitional governance as stipulated in the Constitutional Decree;
Page 157, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 26. The General Intelligence Service
26.3. The General Intelligence Services shall have the following competencies:
26.3.1. Preserve the national security of Sudan, protect its constitution, social fabric, and the safety of its citizens from any threat, in coordination with other regular institutions.
...
26.3.8. Protect important persons and public facilities and secure cities in coordination with other regular forces. It shall undertake any other functions for which it is tasked, provided that such functions are not inconsistent with the constitution.Governance→Constitution→Constitutional reform/makingPage 7, TITLE 1, 1. General Principles
1.28.The future “permanent” constitution of Sudan shall be the result of a constitution-making process that begins with the Constitutional Conference and is transparent, participatory, inclusive, and covers all topics.
Page 9-10, TITLE 1, 9. The Constitutional Conference:
9.1. The Parties agree on holding the national constitutional conference well in advance of the end of the transitional period, as agreed by the Parties. The national Constitutional Conference shall address essential issues and determine how Sudan shall be governed, address the issues of nation-building, and reach a social contract to build a new system based on democracy, citizenship and social justice.
9.2. The Commission for the Constitutional Conference and Constitution Drafting shall prepare for the national Constitutional Conference with the participation of all Sudanese parties, provided that it starts its work in a participatory, transparent, and inclusive manner within no more than (6) six months from the date of signing the peace agreement.
9.3. The Parties agree that the Commission for the Constitutional Conference and Constitution Drafting shall define objective criteria against which the participants in the national constitutional conference shall be selected.
9.4. The Parties agree on the effective participation of the parties to the peace agreement in drafting the law and establishing the Commission for the Constitutional Conference and Constitution Drafting.
9.5. The national Constitutional Conference agenda shall include, but not be limited to, the following topics:
9.5.1.Identity and diversity management;
9.5.2.Citizenship;
9.5.3.Relationship of religion to the state;
9.5.4. Reform and development of the security sector;
9.5.5.Issues of governance and authority;
9.5.6.Issues of wealth, development, the environment, and the economy;
9.5.7.Foreign policy;
9.5.8.How to approve the permanent national constitution;
9.5.9.Any other issues defined by the Commission for the Constitutional Conference and Constitution Drafting;
9.6. The Parties agree that the Government of Sudan shall commit to providing the necessary funding for the national constitutional conference;
9.7. The Parties agree to the fair and equal representation, on the bases of gender, diversity, geography, and age, in the national constitutional conference, and that constitutional conferences in the regions shall be held as part of the constitution-drafting process.
10. System of Governance Conference:
10.1.The Parties agree to hold a System of Governance Conference to define the powers and Vertical and horizontal relationships of the regional system of governance, without prejudice to the obligations stipulated in the different track-specific agreements.
10.2.The Parties agree to establish a system of regional governance as set forth in the peace agreements, provided that the Transitional Government of Sudan shall take the necessary legal measures to issue an official decision to restore the system of regions in a period of no more than (60) sixty days from the date of signing the peace agreement with the signatory parties of this agreement.
10.3.The System of Governance Conference in Sudan shall be held no more than (6) six months after the date of signing the peace agreement. The conference shall aim to review the borders and administrative division of the regions; the different levels of governance; and structures, powers and competencies of the regions in a fashion that does not contravene the peace agreements signed by the parties in Juba.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 24. The Supremacy of this agreement over the Constitutional Charter
24.1.The Parties agree on including the signed peace agreements in the Constitutional Charter and in the event of a conflict, the Constitutional Charter shall be amended to remedy such conflict.
Page 91, TITLE 3. CHAPTER 2: FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, The future status of the Two Areas in light of this Framework Agreement
56. The provisions and texts of this agreement shall be an integral part of the Final Peace Agreement and of the Constitutional Declaration. It is binding and its implementation is mandatory.
Page 92-93, TITLE 3. CHAPTER 2: FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, Requirements for Concluding a Process for Achieving Durable Peace and Political Transformation
58. The Parties agreed on achieving sustainable, inclusive and comprehensive peace in accordance with the framework provided in this Agreement, and particularly the following sequencing requirements:
58.2.The Transitional Government of Sudan shall commit to convening the Constitutional Conference after reaching a comprehensive peace and before the end of the transitional period.
58.3.The Constitutional Conference shall be convened with the participation of all the real stakeholders to agree a permanent constitution for Sudan which guarantees fundamental democratic rights, above all, the right to citizenship without discrimination, and answers the historic question of how Sudan should be governed before deciding who should govern Sudan.
58.4.The Constitutional Conference shall address, among other issues, the relationship between religion and state, and shall resolve this issue in a manner that is in accordance with the right of citizenship without discrimination.
Page 101-102, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 31. The Parties agree upon the establishment of a committee composed of all of the parties in the state/region to develop a draft transitional constitution in the state/region included in this agreement after holding the Governance Conference stipulated in this agreement provided that it is consistent with the Constitutional Charter and the Peace Agreement.
Page 102, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 39. Approve the state/region constitution. The state/region governor shall ratify it.
Page 110, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GENERAL PROVISIONS, 104. It has been agreed that small conferences shall be held in the Two Areas to prepare and draft the constitution within the framework of preparing for the national constitutional conference.
Page 111, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GENERAL PROVISIONS, 112. This Agreement shall be an integral part of the Constitutional Charter. In the event of conflict, the provisions of this Agreement shall prevail.
Page 162, TITLE 9, 1. National Issues Implementation matrix
Activity: Integrate peace agreements in the Constitutional Charter
Timing: Within 10 days of the date of the final signing
Implementing Party: The Legislative Council (Sovereign Council and Council of Ministers)
Source of Funding: Transitional Government of Sudan
Composition:
Procedures:
Reference article: 21.2
Page 164, TITLE 9, 1. National Issues Implementation matrix
Activity: Establish the Constitution Drafting and the Constitutional Conference Commission
Timing: Within 6 months of the date of signing the Final Agreement
Implementing Party: Sovereign Council
Source of Funding:
Composition: All Sudanese parties
Procedures: Issue a decree creating the commission and its own law
Reference article: 9.2, 9.4
Page 164, TITLE 9, 1. National Issues Implementation matrix
Activity: Prepare for an hold the Constitutional Conference
Timing: Sufficiently in advance of the end of the transitional period
Implementing Party: The Constitution Drafting and the Constitutional Conference Commission
Source of Funding: Government of Sudan
Composition:
Procedures:
Reference article: 9.1, 9.2, 9.3, 9.5, 9.6, 9.7
Page 173, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Integrate the peace agreements in the Constitutional Charter
Timing: Within 10 days of the date of the final signing
Implementing Party: Government of Sudan
Source of Funding:
Composition:
Procedures: Take the necessary measures
Reference article: 24.1 and article 21.1 of the National Issues Protocol
Page 202, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Integrate the Peace Agreement of the Two Areas into the Constitutional Charter
Timing: Ten days after signing the Final Peace Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding: Transitional Government of Sudan and partners of peace
Composition: The Parties
Location:
Procedures, Method & Criteria: Through a joint committee by The Parties, in accordance with the provisions of the Peace Agreement
Reference article: Article 112
Page 202, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Hold small conferences in the Two Areas to prepare and draft the constitution
Timing: Before holding the national constitutional conference
Implementing Party: state / regional government
Source of Funding: state / regional government and donors
Composition: state / regional government
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 104
Page 209, TITLE 9, 12. Northern Track Implementation matrix
Activity: Integrate the present agreement in the Constitutional Charter
Timing: Immediately upon ratifying the peace agreement
Implementing Party: Government of Sudan
Sources of Funding: -
Composition: -
Procedures:
Reference / article: Article 8 General Principles
Power sharing
- Political power sharingPower sharing→Political power sharing→GeneralState levelSub-state levelPage 6, TITLE 1, 1. General Principles
1.12.Just power sharing is important to the unity, security and stability of Sudan. The peaceful transfer of power through free and fair elections, and the delegation of legislative, executive, and judicial powers to the different levels of governance are guarantees for stability and is the solid foundation for democratic governance in Sudan.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
19. Darfur citizens shall be guaranteed participation at all levels of government, state institutions, and civil service through equitable power-sharing standards.
Page 132, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, Participation at the national level
12. Eastern Sudan's Track's share at the national level shall be included within the peace bloc
Page 218, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Participation at the national level
Timing: Within 7 days of ratifying the agreement
Implementing Party: Government of Sudan
Funding: Transitional
Composition:
Procedures: Issue appointment decrees and decisions
Reference / article: 12
Page 8-9, TITLE 1, 7. The National Capital:
7.5. To ensure that the administration of the national capital reflects the diversity of Sudan, the Parties agree that the peace process parties shall participate in the institutions of the national capital administration after deciding on its status in the Governance Conference.
Page 14, TITLE 1, 28. Northern Sudan and Central Sudan Tracks
28.1.The Parties agree to 10% representation of the parties to the peace agreement by in governance of the Northern State, Nile River State, Sennar State, El Gezira State, and White Nile State.
29. State of North and West Kordofan
29.1.The Parties agree to 10% representation of the parties to the peace agreement and any other parties determined by the Parties in governance in North Kordofan State and West Kordofan State.
[Summary: TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS contains provisions for sub-state power sharing in institutions of the state/region of Blue Nile and the states of South Kordofan/ Nuba Mountains and West Kordofan. These have been coded in the relevant power-sharing categories.]
Page 135, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, Participation at the Regional/State-Level
13. The Parties agreed to allocate 30% of the representation for the opposition’s Beja Congress and the United Popular Front for Liberation and Justice at legislative and executive levels in Eastern Sudan’s three states as appropriate for the goals of just peace.
Page 163, TITLE 9, 1. National Issues Implementation matrix
Activity: Parties to the Peace Process participate in the administration institutions of the capital city
Timing: Within one month of adopting its status in the governance system conference
Implementing Party:
Source of Funding:
Composition:
Procedures:
Reference article: 7.5
Page 169, TITLE 9, 1. National Issues Implementation matrix
Activity: Represent Parties of the peace process signatory to this Agreement in governance in the Northern State and the states of, Nile River, Sennar, Gezira, and the White Nile
Timing: Upon forming the states/regional governments
Implementing Party: Transitional Government of Sudan
Source of Funding:
Composition:
Procedures: Issue appointment decisions
Reference article: 28.1
Page 169, TITLE 9, 1. National Issues Implementation matrix
Activity: Represent Parties of the peace process signatory to this Agreement in governance in the North Kordofan and West Kordofan States
Timing: Upon forming the states/regional governments
Implementing Party: Transitional Government of Sudan
Source of Funding:
Composition:
Procedures: Issue appointment decisions
Reference article: 29.1
Page 174, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Represent Parties to the agreement in governance in Darfur region/states
Timing: After signing the Final Agreement
Implementing Party: The Parties
Source of Funding:
Composition:
Procedures: Issue a decision of appointment in accordance with the proportions stated in the Agreement. Stakeholders shall be selected through a supervision mechanism to be agreed by The Parties
Reference article: 25.6, 25.6.1, 25.6.2, 25.6.3, 25.6.4, 25.6.5
Page 174, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Presidency of the regional government shall be among the components of Darfur Track
Timing: After establishment of the regional government
Implementing Party: The Parties
Source of Funding:
Composition:
Procedures: Issue a decision appointing head of the regional government
Reference article: 25.7
Page 217, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Allocate 30% of executive and legislative power in the three eastern states
Timing: Upon forming the state/regional institutions
Implementing Party: Government of Sudan
Funding:
Composition:
Procedures: Issue the appointment decrees and decisions
Reference / article: 13Power sharing→Political power sharing→Executive coalitionState levelSub-state levelPage 8, TITLE 1, 2. Transitional Period:
2.1. The Parties agree to a thirty-nine (39) month transitional period that enters into force upon the date of signing the peace agreement.
3. Article (20) of the Constitutional Charter:
3.1. The Parties agree to exempt representatives of parties to the peace process signatory to this agreement from Article 20 of the Constitutional Charter in the Sovereign Council and the Council of Ministers. This provision shall not apply to state/region governors. The aforementioned provision shall apply to exempt representatives, provided that they shall submit their resignation six months prior to the end of the agreed upon transitional period. Their respective organizations may choose their successors in those positions.
4. Sovereign Council:
4.1. The Parties agree that parties of the peace process signatory to this agreement shall be represented on the current transitional Sovereignty Council by three (3) members.
5. Council of Ministers:
5.1. The Parties agree that the peace process parties signatory to this agreement shall be represented on the Council of Ministers by five ministries, which equals twenty five percent (25%) of the national Council of Ministers, in accordance with the procedures established in the Constitutional Charter.
Page 101, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 30. The Parties agree that the SPLM-N-SRF shall be represented by virtue of appointment to the position of state/region governor in the state of the Blue Nile and the position of state/region deputy governor in the states of South Kordofan/ Nuba Mountains and West Kordofan. SPLM-N-SRF shall also have 30% representation in the executive and legislative authorities of the states of Blue Nile and South Kordofan/ Nuba Mountains and West Kordofan, according to their agreed status. If the country reverts to the regional system of governance, SPLM-N-SRF shall keep the position of deputy governor in the region of South Kordofan/ Nuba Mountains and West Kordofan and a 30% representation in the region’s executive and legislative organs in the region.
Page 135, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, Participation at the Regional/State-Level
13. The Parties agreed to allocate 30% of the representation for the opposition’s Beja Congress and the United Popular Front for Liberation and Justice at legislative and executive levels in Eastern Sudan’s three states as appropriate for the goals of just peace.
Page 161, TITLE 9, 1. National Issues Implementation matrix
Activity: Appoint Parties to the Peace Process in the Sovereign Council
Timing: Within 7 days of integrating the peace agreements in the Constitutional Charter
Implementing Party: The Sovereign Council
Source of Funding:
Composition:
Procedures: Select 3 members by Parties to the Peace Process
Reference article: 4
Page 162-163, TITLE 9, 1. National Issues Implementation matrix
Activity: Appoint Parties to the Peace Process in the Council of Ministers
Timing: Within 7 days of integrating the peace agreements to the Constitutional Charter
Implementing Party:
Source of Funding:
Composition:
Procedures: Select ministers by the Parties to the Peace Process
Reference article: 5
Page 175, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Accommodate the men and women of Darfur in upper- and mid-level positions by 20%
Timing: Within 45 days of the date of signing the Final Agreement
Implementing Party: Government of Sudan
Source of Funding:
Composition:
Procedures: Issue appointment decisions
Reference article: 26.1
26.2Power sharing→Political power sharing→Proportionality in legislatureState levelSub-state levelPage 8, TITLE 1, 6. The Transitional Legislative Council:
6.1. The Parties agree that the peace process parties signatory to this agreement shall be represented on the Transitional Legislative Council by twenty five percent (25%), which is equal to seventy-five (75) seats out of the total number of the three hundred (300) seats.
Page 101, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 30. The Parties agree that the SPLM-N-SRF shall be represented by virtue of appointment to the position of state/region governor in the state of the Blue Nile and the position of state/region deputy governor in the states of South Kordofan/ Nuba Mountains and West Kordofan. SPLM-N-SRF shall also have 30% representation in the executive and legislative authorities of the states of Blue Nile and South Kordofan/ Nuba Mountains and West Kordofan, according to their agreed status. If the country reverts to the regional system of governance, SPLM-N-SRF shall keep the position of deputy governor in the region of South Kordofan/ Nuba Mountains and West Kordofan and a 30% representation in the region’s executive and legislative organs in the region.
Page 102, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 32. Composition: the state/regional legislative council shall be comprised on the basis of the population census, while observing diversity, balance, and equitable representation of localities in the state/region of Blue Nile and the states of South Kordofan/ Nuba Mountains and West Kordofan. Members thereof shall be appointed in accordance with this Agreement.
33. Appointment shall be based on the following conditions:
33.1.Be the holder of Sudanese nationality by birth and a citizen of the state/region.
33.2.Be no less than twenty-one years of age.
33.3.Be of sound mind.
33.4.Be literate.
33.5.Have not been convicted with a dishonorable or disgraceful crime.
34. Women shall be represented by no less than 40% [of the seats] on the legislative council.
35. Geographic representation and ethnic and religious diversity shall be observed in the composition of the legislative council.
Page 135, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, Participation at the Regional/State-Level
13. The Parties agreed to allocate 30% of the representation for the opposition’s Beja Congress and the United Popular Front for Liberation and Justice at legislative and executive levels in Eastern Sudan’s three states as appropriate for the goals of just peace.
Page 163, TITLE 9, 1. National Issues Implementation matrix
Activity: Appoint Parties to the Peace Process in the Legislative Council
Timing: Within 60 days of the date of the final signing
Implementing Party: The Sovereign Council
Source of Funding:
Composition:
Procedures: Select members on the Transitional Legislative Council by Parties to the Peace Process
Reference article: 6Power sharing→Political power sharing→Other proportionalityState levelSub-state levelPage 101, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 29. The Parties agree that the SPLM-N-SRF shall partake in the institutions of the transitional authority in accordance with the National Issues Agreement, as well as all commissions and mechanisms related to the implementation of the Peace Agreement and the Constitutional Charter.
Page 103, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 50. Appointing local men/women of the Two Areas in the judicial institutions:
50.1.Local men and women of the Two Areas shall be appointed in judicial institutions at a percentage to be agreed, while observing positive discrimination for the men and women of the state/region, taking into consideration the competence criteria for appointment in judicial institutions, including the judiciary and public prosecution.
50.2.Women and men from the Two Areas shall be appointed as judges on the national Constitutional Court in accordance with the criteria of competency and proficiency.
50.3.Women and men from the Two Areas shall be represented in the National Commission for Judicial Service and/or the Supreme Judicial Council in accordance with the criteria of competence and professionalism.
50.4.Women and men from the Two Areas shall be represented in the High Public Prosecution Council in accordance with the criteria of competence and professionalism.
50.5.One of the deputy chief justices shall be from the Two Areas in accordance with the criteria of competence and professionalism.
50.6.Institutional reform shall be introduced to the justice system at all levels, provided that it is participatory, transparent, and inclusive, especially in the Two Areas due to the wars.
Page 110, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GENERAL PROVISIONS, 106. Positive discrimination policies shall be adopted for admission of the men and women of the Two Areas in universities and high institutes.
Page 111, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GENERAL PROVISIONS, 109. Staff of civil service institutions in the areas controlled by the SPLM-N-SRF shall be reviewed, integrated, and included in civil service structures in the Two Areas to ensure the unification of governance institutions, the state mandate and the system that emerged by virtue of the agreement on all Sudanese territories in accordance with the legislation and standards of civil service while observing positive discrimination.
Page 173, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Form an independent expert committee by the Supreme Judicial Council concerned with accommodating men and women from Darfur in the judiciary
Timing: After signing the Final Agreement
Implementing Party: The Supreme Judiciary Council
Source of Funding:
Composition:
Procedures: Issue a decision forming the committee
Reference article: 27.2
Page 173, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Appoint/accommodate men and women from Darfur in the judiciary at a rate of 20%
Timing: After signing the Final Agreement
Implementing Party: The Judiciary
Source of Funding:
Composition:
Procedures: Issue appointment decisions
Reference article: 27.1
Page 173, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Form an independent expert committee by the High Council of the Public Prosecution concerned with accommodating men and women from Darfur in the Public Prosecution Office
Timing: After signing the Final Agreement
Implementing Party: The Supreme Council of the Public Prosecution
Source of Funding:
Composition:
Procedures: Issue a decision forming the committee
Reference article: 28.2
Page 173, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Appoint/accommodate men and women from Darfur in the public prosecution office at a rate of 20%
Timing: After signing the Final Agreement
Implementing Party: The Attorney General
Source of Funding:
Composition:
Procedures: Issue appointment decisions
Reference article: 28.1
Page 173, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Reconsider admission eligibility criteria for universities and public high institutes, and introducing positive discrimination to admission policies
Timing: After signing the Final Agreement
Implementing Party: Government of Sudan
Source of Funding:
Composition:
Procedures: Issue a decision of revision and introduce policies
Reference article: 29.1.1
Page 197, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Participation of SPLM-N-SRF in national authority organs
Timing: Upon forming the transitional governance organs
Implementing Party: Transitional government of Sudan
Source of Funding:
Composition:
Location: The Parties
Procedures, Method & Criteria: Issue decisions
Reference article: Article 29Power sharing→Political power sharing→OtherState levelSub-state levelPage 9, TITLE 1, 8. National Commissions, Committees, Agencies, and Institutions:
8.1. Representation in the commissions and committees provided for in the peace agreements shall be in accordance with the provisions stipulated in the peace agreements concluded in the different negotiation tracks.
8.2. National committees whose nature requires appointing partisan personalities, shall include representation of the peace process parties in the same proportion as their representation at the national level, including the chairmanship of those bodies, without prejudice to what has been agreed in the different negotiation tracks.
8.3. The Parties agree that signatory parties to this agreement shall hold the positions that they have obtained under this agreement until the end of the transitional period. They shall respectively assume responsibility for providing a replacement if a position becomes vacant, in accordance with the loss of membership conditions for the specific position.
8.4. The Parties agree that the Civil Service Reform Commission shall undertake the task of reviewing appointments in leading positions in the civil service that were made since the formation of the Transitional Government, provided that the Parties agree on how the commission should be formed.
8.5. The Parties agree on the participation of signatory parties to this agreement in the Anti- Corruption Committee and other committees to be established pursuant to the conditions thereof.
8.6. The Parties agree to establish and structure commissions relevant to the implementation of the peace agreement in partnership with signatory parties to this agreement.
Page 163, TITLE 9, 1. National Issues Implementation matrix
Activity: Represent Parties to the Peace Process on the national committees whose nature require partisan representation
Timing: Within 30 days of integrating the peace agreements in the Constitutional Charter
Implementing Party: Transitional Government of Sudan
Source of Funding:
Composition:
Procedures: Issue a decision appointing representative of the Parties to the Peace Process on these committees
Reference article: 8.2
Page 164, TITLE 9, 1. National Issues Implementation matrix
Activity: Participation of signatory parties to this agreement on the Anti-Corruption Committee and other committees established or to be established
Timing: Immediately after integrating the peace agreements in the Constitutional Charter
Implementing Party: Transitional Government of Sudan
Source of Funding:
Composition:
Procedures: Issue appointment decisions
Reference article: 8.5
Page 199, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish a joint committee to reform the civil service and accommodate the men and women of the Two Areas
Timing: Within 180 days of the date of signing the peace agreement
Implementing Party: Government of Sudan
Source of Funding: Government of Sudan
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the peace agreement
Reference article: Articles 68 to 70
Page 199, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Represent the men and women of the Two Areas in the national commission of reforming the civil service
Timing: after signing the peace agreement
Implementing Party: Government of Sudan
Source of Funding: Government of Sudan
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Articles 71 and 72
Page 209, TITLE 9, 12. Northern Track Implementation matrix
Activity: Share power and wealth according to equitable and proven standards
Timing: Immediately upon ratifying the peace agreement
Implementing Party: Independent mechanisms
Sources of Funding: Government of Sudan
Composition:
Procedures: Establish mechanisms
Reference / article: Article 15 General Principles - Territorial power sharingPower sharing→Territorial power sharing→Federal or similar sub-divided governmentPage 6, TITLE 1, 1. General Principles
1.12.Just power sharing is important to the unity, security and stability of Sudan. The peaceful transfer of power through free and fair elections, and the delegation of legislative, executive, and judicial powers to the different levels of governance are guarantees for stability and is the solid foundation for democratic governance in Sudan.
Page 7-8, TITLE 1, 1. General Principles
1.29. Regions of Sudan shall be represented in federal and legislative institutions of power in proportion to their population size to ensure just power sharing, while observing the principle of positive discrimination for the most underdeveloped and war-affected regions, for equitable distribution of wealth.
Page 9-10, TITLE 1, 10. System of Governance Conference:
10.1.The Parties agree to hold a System of Governance Conference to define the powers and vertical and horizontal relationships of the regional system of governance, without prejudice to the obligations stipulated in the different track-specific agreements.
10.2.The Parties agree to establish a system of regional governance as set forth in the peace agreements, provided that the Transitional Government of Sudan shall take the necessary legal measures to issue an official decision to restore the system of regions in a period of no more than (60) sixty days from the date of signing the peace agreement with the signatory parties of this agreement.
10.3.The System of Governance Conference in Sudan shall be held no more than (6) six months after the date of signing the peace agreement. The conference shall aim to review the borders and administrative division of the regions; the different levels of governance; and structures, powers and competencies of the regions in a fashion that does not contravene the peace agreements signed by the parties in Juba.
Page 15, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
2. Sudan is a federal, independent, and sovereign state in which sovereignty is vested in the people and is exercised by the state in accordance with the provisions of the Constitutional Charter.
Page 17, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 25. Power and Levels of Governance
25.1.The Parties agree to restore the regional-federal system of governance based on the principle of establishing a genuine federal system of governance that meets the aspirations of citizens and engages them in governance.
25.2.The Parties agree on establishing a regional-federal system of governance in Sudan including in the Darfur Region provided that the Transitional Government of Sudan takes the necessary legal measures to issue an official decision to restore the system of regions within no more than 60 (sixty days) from the date of signing the Peace Agreement.
25.3.A conference on the system of governance in Sudan shall be held within no more than 6 (six months) after the signing of the comprehensive Peace Agreement provided that it aims at reviewing the administrative division of the various regions and levels of governance as well as the structures, powers, and jurisdictions thereof. The Parties shall further agree on participants of the conference.
25.4.If the conference is not held in the specified time, then the government of the Region of Darfur shall be activated in all its powers and competencies in no more than 7 (seven months) from the date of signing this agreement.
25.5.The Parties agree on defining the legislative and executive competencies, authorities, and powers in Darfur Region under the Peace Agreement provided that the conference on the system of governance makes no amendment to those competencies, authorities, and powers except by adding to them. These powers and authorities shall be activated within no more than 30 (thirty days) after holding the conference on the system of governance.
25.6.The Parties agree to the representation of parties to the Darfur Track agreement in power as follows:
25.6.1.40% of power in Darfur to the components of the Darfur Track;
25.6.2.30% of power in Darfur to the components of Sudan’s Transitional Government;
25.6.3.10% of power in Darfur to other movements signatory to this agreement;
25.6.4.20% of power in Darfur to stakeholders, as defined in the stakeholders’ document and through a mechanism to supervise their selection to be agreed on by the Parties.
25.6.5.The Parties shall take into account all components of Darfur when selecting representatives in the aforementioned percentages, so as to reflect the geographic, social, and civil diversity in Darfur to ensure social coexistence and a durable peace.
25.7.The Parties agree that components of the Darfur Track shall participate in the regional government after it is established and that this government’s leadership shall be nominated by the components to the Darfur Track.
25.8.The Parties agree to form a joint high committee that shall work with the Peace Commission, provided that this committee oversees and monitors the implementation of this Agreement and works side by side with the concerned state institutions according to the schedules of the implementation matrix.
Page 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
30.1.1.To adopt and amend the constitution of the regional government of Darfur in a manner that does not contradict the national constitution;
30.1.2.To enact legislation related to the structures of the Darfur government to provide services at all levels of the regional government of Darfur;
30.1.3.To borrow money on the credit of the government of Darfur Region within the national macro-economic policy;
30.1.4.To plan services in Darfur Region, including health, education and welfare of citizens;
30.1.5.To appoint employees in the government of the Darfur Region, determine their authorities, and pay their salaries;
30.1.6.To develop financial revenues for the regional government of Darfur.
30.1.7.To collect taxes and incomes exclusive to the regional government of Darfur;
30.1.8.To draft the budget of the regional government of Darfur.
30.1.9.[To regulate] public facilities of the Region;
30.1.10.[To undertake] reconstruction and development of the Darfur Region;
30.1.11.[To provide] media, media platforms, and publications of the regional government of Darfur;
30.1.12.To rehabilitate and support disabled veterans, orphans, and widows and provide care for the families of war-disabled heroes.
30.1.13.[To undertake] urban and rural planning;
30.1.14.[To provide] emergency and firefighting services;
30.1.15.To reform youth institutions affiliated with the regional government of Darfur;
30.1.16.[To regulate] recreational and sports facilities of the regional government of Darfur;
30.1.17.To define the powers and competencies of local governance according to charts of exclusive powers defined by the Region.
30.1.18.[To regulate] cultural affairs within the Region;
30.1.19.To manage, allocate, and utilize lands of the Region;
30.1.20.[To regulate] regional businesses and enterprises;
30.1.21.To register marriage, divorce, inheritance, births, deaths, adoption and lineages;
30.1.22.To enforce laws of the Region;
30.1.23.[To establish/regulate] nurseries, primary and secondary schools, and private education;
30.1.24.[To manage/maintain] roads and public transportation within the Region;
30.1.25.[To manage/maintain] public libraries, museums, cultural and heritage sites, and other historical sites in the region;
30.1.26.To develop and promote local languages and cultures;
30.1.27.[To enact] laws based on norms and traditions; and
30.1.28.[To designate] the flag and emblem of the regional government of Darfur.
Page 21, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 31. Concurrent Powers
31.1.The national federal government and the regional government of Darfur shall have the following executive and legislative powers:
31.1.1.Implementation of the Peace Agreement;
31.1.2.Social and economic development in Darfur Region;
31.1.3.Police, prisons, wild life, and civil defense;
31.1.4.Health policies;
31.1.5.Urban development, planning, and housing;
31.1.6.Commerce, industry, and industrial development;
31.1.7.Public service provision;
31.1.8.Banking;
31.1.9.Insurance;
31.1.10.Manufacturing licenses;
31.1.11.Electricity generation and water and waste management;
31.1.12.Natural resources;
31.1.13.Wired and wireless communications;
31.1.14.Environmental management, protection, and preservation;
31.1.15.Relief, resettlement, rehabilitation and reconstruction;
31.1.16.Proposing and negotiating international and regional agreements on culture, sports, trade, investments, loans, grants, and technical assistance without prejudice to federal and regional legal systems;
31.1.17.Financial and economic policies and planning;
31.1.18.Promoting the role of women and women empowerment.
31.1.19.Gender policies;
31.1.20.Pastures, veterinary services, combating cattle and livestock diseases;
31.1.21.Consumer safety and protection;
31.1.22.Maternal and child care and protection;
31.1.23.Water resources except those belonging jointly to regions;
31.1.24.Total quality control;
31.1.25.Regulating land possession and utilization and exercising relevant rights;
31.1.26.Immigration and foreigners;
31.1.27.Cross-border trade;
31.1.28.Setting education policies and scientific research;
31.1.29.Setting general policies and standards for building localities and local governance;
31.1.30.Charities, religious affairs and endowments;
31.1.31.Development and coordination of policies of interacting with the central government;
31.1.32.Development of airports in the Region; and
31.1.33.Residual powers and competencies.
Page 21, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 32. Residual Powers and competencies
32.1.For any residual powers or competencies that arise and that are not mentioned in the exclusive or concurrent powers herein, the federal government shall exercise the residual powers of a federal nature, whereas the regional government shall exercise powers of regional nature. The federal and regional levels together shall exercise the residual powers and competencies of a concurrent nature.
Page 22, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 33. Resolving disputes related to concurrent powers
33.1.In the event of a conflict between the provisions of the law of Darfur Region, the federal law and powers of local governance, the law that shall prevail is that which most effectively deals with the subject matter of the law while observing the following:
33.1.1.The need to recognize the sovereignty of the Nation while accommodating the autonomy of Darfur Region;
33.1.2.Identifying the need for national standards and norms;
33.1.3.The principle of subsidiarity;
33.1.4.The need to promote the welfare of the people and to protect human rights and fundamental freedoms for all.
Page 134, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, General principles
Second: In order to eliminate political marginalization in Eastern Sudan, the Parties agree to the following principles:
1. Adopting a decentralized, federal, pluralistic and democratic system of governance which ensures delegation of powers and resource allocation and which comprises three levels of governance (federal –state-level/Regional – local).
Page 143, TITLE 5. General Principles
2. The Republic of Sudan is a decentralized state which comprises three levels of governance (federal, regional/state, local).
Page 164, TITLE 9, 1. National Issues Implementation matrix
Activity: Restore the regional system of governance
Timing: Within no more than 60 days of the date of signing the Final Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding:
Composition:
Procedures: Issue a decision restoring the regional system of governance
Reference article: 10.2
Page 164, TITLE 9, 1. National Issues Implementation matrix
Activity: Hold the system of governance conference
Timing: Within 6 months of the date of signing the Final Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding: Transitional Government of Sudan
Composition:
Procedures: Issue a decision forming the national committee for the preparation of the conference
Reference article: 10.1, 10.3
Page 197, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish a committee to draft a transitional constitution of the state / region
Timing: After the system of governance conference
Implementing Party: State / region governor
Source of Funding: state / regional government
Composition: Partners in the transitional governance
Location: state / region
Procedures, Method & Criteria:
Reference article: Article 31
Page 198, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Appoint members of the legislative council
Timing: Within 30 days of appointing the governor
Implementing Party: In accordance with the provisions of the Peace Agreement
Source of Funding:
Composition: Partners in the transitional governance in the state / region
Location: state / region
Procedures, Method & Criteria: Issuing a decision
Reference article: Articles 30, 32
Page 199, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Appoint the state / region governor and deputy thereof
Timing: Within 30 days of the date of signing the Peace Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding:
Composition:
Location:
Procedures, Method & Criteria: Issuing decisions
Reference article: Article 30
Page 199, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Appoint the state / regional Council of Ministers
Timing: after appointing the state / region governor
Implementing Party: the state / region governor
Source of Funding:
Composition: Partners of the transitional governance in the state / region
Location: state / region
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 30 & 55Power sharing→Territorial power sharing→Autonomous regionsPage 94, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, DEFINITION OF THE TWO AREAS AND THE SYSTEM OF GOVERNANCE, 7. Definition of the Two Areas: The Two Areas shall mean the following:
7.1. The Blue Nile State/Region: means the current Blue Nile state and what is stipulated in the provisions of this Agreement.
7.2. South Kordofan State/ Nuba Mountains: means the current South Kordofan State/ Nuba Mountains and what is stipulated in the provisions of this Agreement.
7.3. Status of West Kordofan State: The Parties agree that the Two Areas Agreement, including the political and security arrangements and the power and wealth sharing, shall include the West Kordofan State, which will remain a separate state as it is now, until the issue of the borders of South Kordofan/ Nuba Mountains and West Kordofan is solved. In the event South Kordofan State/ Nuba Mountains and West Kordofan State form one region, or West Kordofan State remains a stand-alone state as determined by the Governance Conference that shall decide on border issues as provided for in the framework agreement between the Government of Sudan and the Sudan People’s Liberation Movement – North/ The Revolutionary Front (SPLM-N-SRF), the Governance Conference shall not impact the final peace agreement between the Parties, save for border issues.
Page 95, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, DEFINITION OF THE TWO AREAS AND THE SYSTEM OF GOVERNANCE, 8. System of Governance in The Two Areas: The Parties agree that without prejudice to the unity of Sudan’s people and territory, the exclusive, joint or residual powers agreed upon in this Agreement, the Two Areas shall enjoy autonomy by which they shall exercise the powers stipulated in this Agreement.
Page 95-97, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:
9.1. To draft, adopt, and amend the state/regional constitution as stipulated in the Final Peace Agreement and to incorporate the special status of the Two Areas, which includes the right to legislate as an inherent right that does not contravene the national constitution.
9.2. To exercise the powers and authorities of the state/region in the Two Areas, including the right to legislate, provided that this is based on the Constitution of 1973, amended in 1974.
9.3. To exercise the rights enumerated in the power and wealth sharing sections as stipulated in the Final Peace Agreement.
9.4. To address issues of land and compensation and review contracts related to lands, mining, and agricultural and industrial projects, in accordance with the provisions of the Final Peace Agreement.
9.5. The provisions on positive discrimination as set forth in this Agreement related to power, wealth, and civil service matters is [a means] to remedy grievances suffered by the people of the Two Areas and address the root causes of the crisis that led to wars in the Two Areas.
9.6. The different levels of governance in the Two Areas shall have exclusive powers with regard to transitional justice, reparations, investigating crimes and violations perpetrated, reconciliation, healing the wounds of war, promoting values of peaceful coexistence, and strengthening social fabric.
9.7. To establish and rehabilitate institutes for teaching indigenous languages, culture, heritage, folklore, and antiquities which reflect diversity and work to develop and promote local cultures and provide them with opportunities at the national, regional, and international levels as an integral part of Sudanese cultures that must be celebrated for all their differences and diversity.
9.8. To establish a mechanism, council, or commission to promote the languages of the Two Areas in particular.
9.9. Residents of the Two Areas shall have the right to participate in rewriting the history of Sudan by recognizing the different contributions made by the peoples of Sudan in order to give meaning and value to national unity. Institutions in the Two Areas may create the appropriate mechanisms to implement this in an integrated manner with that of the national levels.
9.10. The government of the Two Areas shall have the right to name facilities and institutions in order to celebrate and promote the cultural and historic heritage of the peoples of the Two Areas in a way that promotes national unity and removes all legacies that have led to national discord, and to objectively study our common history, including the era of slave trade in order to remove the cultural and moral effects thereof, to strengthen the bonds of citizenship without discrimination, and to promote national unity.
9.11.To enact legislation related to the structures of state/regional government at its different levels.
9.12.To borrow money for the purposes of development and construction from national bodies with the guarantee of the state/regional government.
9.13.To plan for regional government services including health, education, and welfare among other services.
9.14.To appoint employees and civil servants in the state/regional government, determine their competencies, and pay their salaries.
9.15.To develop and improve financial revenues of the state/regional government.
9.16.To collect state/regional taxes and revenues.
9.17.[To manage] the general budget of the state/region.
9.18.[To manage] public facilities of the state/regional government.
9.19.To reconstruct and develop the state/region.
9.20.Mass media, prints, publications, and different media outlets in the state/region.
9.21.To rehabilitate and assist veterans, persons with special-needs, orphans, widows, and care for martyrs’ families.
9.22.To conduct population censuses and prepare statistics in the state/region.
9.23.To open outlets for the civil registry, driving licenses, vehicle licenses, and other necessary documentation in the state/region.
9.24.[To manage] lands and resources of the state/region in accordance with what has been agreed.
9.25.Cultural affairs within the state/region.
9.26.To regulate issues of faith and religion.
9.27.To manage trade and regulate businesses and licenses in the state/region.
9.28.[To regulate] commercial businesses and local projects.
9.29.[To issue] marriage, divorce, inheritance, birth, death, adoption, and lineage documents and register them paying heed to religion, customs, or personal status law.
9.30.To enforce laws of the state/region.
9.31.[To enact] laws related to agriculture, industry, and services in the state/region.
9.32.[To regulate] non-international and national heliports within the framework of civil aviation laws.
9.33.[To manage] roads, bridges and public transportations within the state/region.
9.34.To develop and maintain an environmental policy that is appropriate for the state/region, while observing international standards, in coordination with the competent national bodies and the department of environment and environmental conservation.
9.35.[To regulate] charities and donations.
9.36.Cultural and heritage sites, museums, libraries, and heritage.
9.37.To protect traditions and customary law.
9.38.[To manage] irrigation and establish water harvesting projects for the state/region.
9.39.To maintain ancient documents and antiquities and create monuments.
9.40.[To provide] ambulance and firefighting services.
9.41.Recreation and sports in the state/region.
9.42.To license small firearms in accordance with federal regulations.
9.43.[To set] the flag and emblem of the state/region.
9.44.Socioeconomic development in the state/region.
9.45.[To regulate] unions and vocational associations in the state/region.
9.46.Vocational and professional training and capacity building.
9.47.[To issue] health policies and services in the state/region.
9.48.[To undertake] urban development and planning and planning of urban and rural areas.
9.49.Trade, industry, and industrial development in the state/region.
9.50.To provide public services.
9.51.[To undertake] disaster preparedness, provision of aid, and combat epidemics in the state/region.
9.52.State/regional print media, publications, and information.
9.53.[To manage] resettlement, rehabilitation, and reconstruction of the state/region.
9.54.To negotiate and conclude international and regional agreements, in the fields of education, culture, sports, trade, loans, grants, and technical assistance with foreign governments and foreign non-governmental organizations, without contravening national policies and in coordination with the competent federal authorities.
9.55.To promote the role of women and youth and child protection.
9.56.To exercise the right to collect revenue and spend funds in the state/region.
9.57.To exercise the right to borrow loans with the Sudan Central Bank or the state/regional government securing the collateral.
9.58.To exercise the right to conclude investment contracts without contravening Sudan’s foreign policies and in coordination with the competent federal authorities.
9.59.To develop fisheries.
9.60.To develop tourism and confer revenues to the region in order to improve and preserve tourism.
9.61.Forestry of the state/region.
Page 97, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:
10.1.Powers and competencies of police, prisons, wildlife, civil defense, and customs at the level of the Two Areas.
10.2.Borrowing funds for the purpose of development and reconstruction from regional and international financing institutions for the regional government, with the guarantee of the Government of Sudan.
10.3.Provision of urgent humanitarian assistance.
10.4.Voluntary return of IDPs and refugees.
10.5.Reconstruction and sustainable development programs.
10.6.Review and design of programs that address land issues in the Two Areas, including ownership, use, and compensation related to land expropriation, to be implemented during the transitional period.
10.7.The national and locally competent bodies shall address land issues in the Two Areas, with effective participation of local communities.
10.8.Transitional justice and reconciliation shall have joint mechanisms derived from the norms, cultures, and heritage of the peoples of Sudan and the Two Areas.
10.9.Create mechanisms that help to end impunity for perpetrators and bring justice for victims to establish a process of national reconciliation and healing. This shall be founded on upholding the rule of law and the international conventions of human rights and the international humanitarian law.
10.10.Allocate national and state/regional resources to the Two Areas.
10.11.Immediate resolution of the issues of borders and lands confiscated from the Two Areas once this has been proven.
10.12.Review the contracts and decisions to award lands and mining projects and [provide] compensations in the Two Areas.
10.13.Create the different commissions stipulated in the peace agreement.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:...
10.14.Conduct population census and partake in revising elections laws.
10.15.The joint mechanism for the implementation and evaluation of commissions’ work and other mechanisms provided for in this agreement within an agreed period.
10.16.Positive discrimination for the Two Areas at the national level, especially in civil service.
10.17.Transboundary water resources of the state/region.
10.18.Socioeconomic development.
10.19.Enforcement of national laws in the state/region.
10.20.Issues related to taxation, ownership, and economic planning which require joint decisions or implementation between the state/regional government and the national government.
10.21.Manage and monitor human and veterinary drugs.
10.22.Animal health and veterinary services.
10.23.Wired and wireless telecommunication.
10.24.Natural resources.
10.25.Relief.
10.26.Population policy and family planning.
10.27.Quarries regulations.
10.28.Banking activities.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.1.Defense, national security, and the protection of national borders.
11.2.Foreign affairs and international representation.
11.3.Nationality and naturalization.
11.4.Passports and visas.
11.5.Migration and foreigners.
11.6.National judiciary.
11.7.National police, including the criminal investigation department and coordinating bilateral, regional and international criminal affairs and the standards and regulations, including police training standards.
11.8.Definition and provision of wages and allowances for civil servants at the national level.
11.9.Postal services.
11.10.Civil aviation.
11.11.Ships and marine navigation.
11.12.Lighthouses for warning and guidance.
11.13.The central bank and issuing and coining national currency.
11.14.Bills of exchange and promissory notes.
11.15.Scales, standards, specifications, assessment and timing.
11.16.Meteorology.
11.17.National prisons.
11.18.National institutions provided for in the Constitutional Charter or the national constitution.
11.19.Customs duties, taxes, and export commitments.
11.20.Intellectual property rights, including patents and copyrights.
11.21.The national flag and anthem.
11.22.Signing international treaties of interest for the Republic of Sudan.
11.23.National debts and borrowing on the bases of public credit.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.24.National census and statistics.
11.25.National emergencies.
11.26.International transportation and domestic transportation between the states, including roads, airports, water crossings, seaports, railroads and national infrastructures.
11.27.National public facilities.
11.28.National museums, archeological sites, and national heritage.
11.29.National economic planning and policies.
11.30.Managing the Nile waters and cross-border waters.
11.31.National media, national publications, and wired and wireless telecommunication systems.
11.32.National taxes and improving national income.
11.33.National budget and public debt.
11.34.Laws regulating national elections and monitoring elections through the national commission for elections.
11.35.Issuing identification cards or documents.
11.36.Fundamental rights and freedoms.
11.37.Foreign trade.
11.38.National telecommunications.
11.39.Pensions.
11.40.Insurance.
11.41.Value added tax.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 12. Residual Powers and Competencies: Residual powers shall be exercised according to their nature; national powers shall be exercised by the national government; state/regional powers shall be exercised by the state/regional government; and joint powers shall be exercised by both parties.
Page 101, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 26. Powers in the states/regions of Blue Nile and South Kordofan/ Nuba Mountains and West Kordofan (in their current status) shall be as follows:
26.1.Executive Authority.
26.2.Legislative Authority.
26.3.Judicial Authority.
Page 101, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 27. The Executive Authority: organs of executive authority in the state/region shall comprise of:
27.1.State/regional governor.
27.2.State/regional council of ministers.
27.3.State/regional commissions.
28. The Legislative Authority: the state/region shall have a legislative authority/legislative council.
Page 170, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Issue decision to restore the regional system of governance
Timing: Within no more than 60 days of the date of signing the Final Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding:
Composition:
Procedures: Issue a decision
Reference article: 25.1 25.2 and article 10.2 of the National Issues
Page 171, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Activate the government of the Region of Darfur in all its authorities and competencies if the system of governance conference is not held
Timing: Within no more than 7 months of the date of signing the Final Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding:
Composition:
Procedures: Issue a decision activating the region
Reference article: 25.4
Page 171, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Activate powers and competencies of Darfur Region
Timing: Within 30 days of the date of holding the system of governance conference
Implementing Party: Government of Sudan
Source of Funding:
Composition:
Procedures: Issue a decision activating powers and authorities
Reference article: 25.5
Page 193, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Autonomy in the Two Areas by which Powers stipulated in this agreement are exercised, without prejudice to the unity of Sudan
Timing: Upon integrating the Peace Agreement into the Constitutional Charter
Implementing Party: Transitional Government of Sudan & State/regional government
Source of Funding:
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 8
Page 193, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Pass legislation without contravening the national constitution
Timing: Upon integrating the Peace Agreement into the Constitutional Charter
Implementing Party: State/regional government
Source of Funding:
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article (9.1. - 9.2) & 37Power sharing→Territorial power sharing→OtherPage 11-12, TITLE 1, 14. National Issues of Particularity: The Parties agree on the importance of addressing the following national issues of particularity:
14.4.Conference for the States of Khartoum and North Kordofan
14.4.1.To achieve nationwide comprehensive peace in Sudan, including in the regions/states outside of the conflict areas; the parties agree to the following:
14.4.1.1.Without prejudice to what has been agreed to in the Tracks, the Transitional Government of Sudan shall organize two conferences to address the issues of the states of North Kordofan and Khartoum within (6) months from the date of signing this agreement.
14.4.1.2.The conferences shall address issues of development, public services, environment, and peaceful coexistence, in those two states.
14.4.1.3.The Transitional Government shall commit to enforcing the outcomes of the two conferences.
Page 46, TITLE 2: CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 7. The Historical Borders of Darfur
7.1. The Parties agree on the need to prioritize demarcating borders of Sudan regions, including the historical borders of Darfur, via the National Borders Commission after it is restructured.
Page 91, TITLE 3, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE
50.2.The Parties agree that the transitional government of Sudan shall return all the lands that were taken away from the administrative authority of the Blue Nile region / state, in particular the Northwest triangle of Eastern Agadi and the Dinder National Park in a way that protects the interests of humans, fauna and flora, and biodiversity, natural resources of the park once it is proven it belongs to the Blue Nile region / state.
Page 92, TITLE 3, CHAPTER 2: FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, Confidence-building measures for implementation
57. The Parties commit to immediate implementation of confidence-building measures, including the following:
57.5. Achieving detailed political and security arrangements for the Two Areas that ensures the fair and effective representation of the Two Areas.
Page 187, TITLE 9, 7. Darfur Track: Land and Hawakeer Implementation Matrix
Activity: Demarcate borders of Sudan’s regions including the historical borders of Darfur
Timing: After holding the system of governance conference
Implementing Party: National Borders Commission
Source of Funding: Transitional Government of Sudan
Composition:
Procedures: Take the necessary measures
Reference/Article: 7.2
Page 166, TITLE 9, 1. National Issues Implementation matrix
Activity: Hold the conference of North Kordofan State
Timing: Within 6 months of signing the Final Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding: Transitional Government of Sudan
Composition:
Procedures: Issue a decision establishing the preparatory committee
Reference article: 14.4
Page 166, TITLE 9, 1. National Issues Implementation matrix
Activity: Hold the Khartoum conference
Timing: Within 6 months of signing the Final Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding: Transitional Government of Sudan
Composition:
Procedures: Issue a decision establishing the preparatory committee
Reference article: 14.4
Page 204, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Return the north-western triangle of East Agadi and al-Dinder Reserve, once its affiliation with the state / region is proven
Timing: After forming the state / regional government
Implementing Party: Transitional Government of Sudan and the state / regional government
Source of Funding: Transitional Government of Sudan
Composition: Transitional Government of Sudan and the state / regional government
Location: Blue Nile
Procedures, Method & Criteria:
Reference article: Article 50 - Economic power sharingPower sharing→Economic power sharing→Sharing of resourcesPage 7, TITLE 1, 1. General Principles
1.21.The equitable sharing of power and wealth, while observing positive discrimination for war- and conflict-affected areas and least developed areas, as well as addressing the issues of marginalization and the most afflicted and vulnerable groups, is necessary in order to build a state of durable peace, stability, and good governance.
Page 12, TITLE 1, 23. The National Commission of Resources and Financial Revenue Sharing and Allocation
23.1.By virtue of a law, a commission for the division, allocation, and monitoring of financial revenues shall be established in accordance with the standards to be agreed upon. The commission shall be chaired by an independent person appointed by the Prime Minister.
The law shall ensure fair representation of the regions/states therein.
23.2.A law activating the commission shall be issued within no more than ninety (90) days of signing the peace agreement.
23.3.The Commission shall commit to ensuring transparency, remedying the imbalances in the allocation of national revenues, and distributing those revenues on a horizontal and vertical basis fairly among Sudan’s various regions, particularly regions affected by the war and cumulative historical grievances. The commission shall further ensure that neither the federal government nor any other party shall be deprived from receipt of their financial entitlements and shall ensure timely disbursement as agreed.
Page 23, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, General Principles
1. The Parties recognize that sustainable peace in Sudan requires a fair allocation of resources and revenues between the Government of Sudan and the different regions of Sudan, especially the conflict-affected regions.
2. All lands and natural resources in Sudan regions/states, including Darfur, shall be resources for the good of all the people of Sudan.
...
5. The Parties agree to setting specific standards and mechanisms for wealth and revenue sharing, to be regulated in accordance with laws and regulations based on the principles of proportional and equitable distribution, transparent management, and national, regional, and local oversight of the resources.
6. The Parties understand that the sources of wealth stipulated in this Agreement do not only mean direct state revenues, but include opportunities of income generation from employment in the private and public sectors, the return of investment in different areas, the revenues of border trade returns, grants and loans, and other sources of income.
...
10. Development of sound foundations for sharing wealth generated from oil, natural gas, and other natural resources in Sudan and directing them to meet the needs of development and the reconstruction of Sudan’s regions/states in general, while prioritizing the marginalized and war-affected regions/states, and paying special attention to the environment.
Page 24, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 12. National Revenue
12.1.The Government of Sudan shall have the authority to generate revenue from all sources of wealth in the country;
12.2.There should be definitive identification and clear separation between the sources of revenue of the federal government and the sources of revenue of the regions/states to avoid disputes and ensure good production and management of resources.
13. National Revenue Fund
13.1.A national fund for revenue shall be established and regulated by a law wherein all national financial revenue is deposited. It shall be the only institution for depositing revenue.
Page 24, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 14. National Commission for the Division, Allocation, and Monitoring of Financial Resources and Revenue
14.1.A commission for the division, allocation, and monitoring of financial resources and revenue shall be established by a law in accordance with the standards to be agreed upon. The Commission shall have an independent chairperson appointed by the Prime Minister. The law shall ensure equitable representation of the regions/states;
14.2.A law shall be enacted to activate the Commission within no more than ninety (90) days from the date of signing this Agreement;
14.3.The Commission shall be committed to ensuring transparency and to addressing shortcomings in the equitable allocation and distribution of national resources horizontally and vertically between the different regions of Sudan and monitoring thereof, especially regions affected by the war and accumulated historic grievances. The Commission shall also ensure that neither the federal government nor any other party are deprived of the enjoyment of their financial dues and it shall ensure the flow thereof at the agreed intervals.
Page 24, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 15. The Commission for the Division, Allocation, and Monitoring of Financial Resources and Revenue shall have the following competencies:
15.1.Monitor all national revenues deposited in the National Revenue Fund and place them under its mandate;
15.2.Determine the dues and allocations of the federal government and the regions/states from the national revenue to meet the needs of all levels of governance, horizontally and vertically;
15.3.Ensure this allocation is based on fair and equitable standards and bases that are agreed upon and subject to regular revision, in keeping with the developments at the federal and regional/state levels;
15.4.Ensure that the transfer of funds to the states and regions occurs in a timely and unfettered manner. It shall also ensure the optimal use and sharing of these transfers between the regions/states and the different levels of governance;
15.5.Ensure that resources allocated to war-affected areas are transferred in accordance with the agreed upon standards;
15.6.Transparent implementation of the agreed upon standards, bases, and proportions to guarantee fairness when allocating funds to the federal government and the regions/states;
15.7.Ensure that national resources are allocated according to standards and principles that ensure equality among the Sudanese people and encourage production and effectiveness in revenue collection and good resource management.
Page 27, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 22. Natural Resources
22.1.The Sudanese people shall own the natural resources found on and under its soil. The people of the regions/states in which such resources are found or extracted shall have special rights that must be met according to specific agreements and percentages thereon.
Page 27, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 23. Management of Natural Resources
23.1.The regions/states shall be a genuine partner with the federal government in managing natural resources extracted from their lands throughout all the phases of allotment, awarding, contracting, production, and marketing. The regions/states shall hold primary responsibility for the preservation of their environment and shall be entitled to impose conditions to ensure its environmental integrity and that extraction processes do not encroach on the health of citizens.
23.2.The federal government and governments of the regions/states shall pay heed to the rights of future generations in the arrangements for and allocation of natural resource extraction by investing a specific percentage of the revenue of extracted resources for the good of those generations.
23.3.The federal government and governments of the regions/states shall be responsible for utilizing natural resources therein and managing them transparently, justly, and fairly.
23.4.The federal government and governments of the regions/states shall identify natural resources, the manner and timing of their utilization, issuance of excavation and extraction licenses, negotiation of sales contracts and revenue-sharing with the investing firms, withdrawal of licenses and revocation of contracts, planning of the overall resource development, ensuring workers’ health and safety, and environment protection.
Page 27-28, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 24. Status of Current and Future Contracts and Agreements for the Extraction of Natural Resources
24.1.The Region of Darfur and other regions/states, in cooperation with the federal government, shall be entitled to review all existing natural resource extraction contracts within their respective territories. Upon review, they shall be entitled to make adjustments to these contracts to ensure the fair and equitable allocation of revenue, as well as sufficient environmental protections.
24.2.Regions/states whose natural resources will be extracted shall participate in the negotiation of and approve any new contracts or agreements in relation to the exploration, extraction, and production of natural resources within the borders of their respective regions/states. Any such contracts shall be governed by regulations adopted by the regions/states, in addition to the applicable regulations adopted by the federal government.
24.3.When allotting public lands in Darfur or granting utilization concessions for the extraction of natural resources, the inhabitants of the land shall be consulted before land utilization and they shall be adequately compensated.
Page 28, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 25. Allocation of Revenue Generated from Natural Resources
25.1.The Parties agree to allocate 40% of the nation’s net revenue from mineral and petroleum resources located in Darfur to the region for a period of ten years.
25.2.The Darfur Region shall allocate 3% of the revenue from natural resources for local population in areas from which these resources are extracted.
Page 28, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 28. Positive Discrimination
28.1.The principle of positive discrimination shall apply to the Darfur Region/States and other historically marginalized and war-affected regions/states in Sudan when allocating resources to enable them to keep up with other regions/states which are ahead in terms of development and service delivery for citizens.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.10.Allocate national and state/regional resources to the Two Areas.
Page 100, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT, 16. Wealth Sharing in the Two Areas:
16.1.For a period of ten years, the state/regional government shall receive forty percent (40%) of income from the revenue of natural resources, extracted wealth from the state/region, tax revenue from the state/region, and taxes levied in the state/region, with the remaining sixty percent (60%) going to the national government.
16.2.The fixed percentage or any other appropriate option the Parties agree on shall be determined in a conference involving the Parties, stakeholders of the Two Areas population, and the mediator at the end of the transitional period.
17. When the state/regional government collects the joint taxes and other imposed levies, it shall deduct its own percentage and transfer the percentage for the national government to the public treasury.
18. The percentage of taxes and expenses related to the development of natural resources within the state/region to be distributed to areas and localities within the state/region shall be regulated by the law adopted by the state/regional legislative council.
Page 100, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT, 21. Share of the state/region from annual national revenue:
21.1.Based on national standards and the principle of positive discrimination, the national government shall pay to the state/region its allocated share from annual national resources, foreign aid, support and relief as well as other financial aid for advancing development.
Page 100, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT, 22. Reform and correction of the banking system by adopting monetary, regulatory, and institutional policies that serve the accumulation of savings, funding, development, attracting investments, and facilitating banking transactions, including the conventional banking system and multiple outlets.
23. Participation of the Two Areas in managing the Revenue Allocation and Monitoring Commission.
Page 110, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, NATIONAL PROJECTS IN THE STATE/REGION, 97. All national projects in the states of Blue Nile, South Kordofan/ Nuba Mountains and West Kordofan shall be dealt with in accordance with the provisions of the wealth-sharing agreement provided that state/regional executive bodies shall undertake implementation thereof alongside relevant national bodies.
Page 138, TITLE 4, CHAPTER TWO: THE SOCIOECONOMIC ISSUE, Developing and Managing Natural Resources and Infrastructure, 58. The Parties agreed to allocate 30% of the Federal government’s net revenue from mineral and oil resources extracted from the states/Region of Eastern of Sudan for the benefit of these states/Region for a period of seven years
Page 142, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 12. The Parties shall allocate a share of the revenues of the Merowe Dam to the two states/the region in accordance with the law.
Page 168, TITLE 9, 1. National Issues Implementation matrix
Activity: Establish the Commission for Sharing, Allocation, and Monitoring of Resources and Financial Revenues
Timing: Within 90 days of the date of signing the Final Agreement
Implementing Party: The Prime Minister
Source of Funding: Transitional Government of Sudan
Composition:
Procedures: Issue a decision and a law establishing the Commission
Reference article: 23.1, 23.2, 23.3
Page 176, TITLE 9, 3. Darfur Track: Wealth Sharing Implementation Matrix
Activity: Institute sound principles for wealth-sharing
Timing: Continues after signing the Final Agreement
Implementing Party: Government of Sudan, Regional/states governments and signatory parties
Source of Funding: Government of Sudan
Composition:
Procedures: Develop principles, strategies, and standards
Reference article: 10
Page 176, TITLE 9, 3. Darfur Track: Wealth Sharing Implementation Matrix
Activity: Establish the National Commission for the Division, Allocation, and Monitoring of Financial Resources and Revenue
Timing: Within 90 days of the date of signing the Final Agreement
Implementing Party: Prime Minister
Source of Funding: Transitional Government of Sudan
Composition:
Procedures: Issue a decision establishing the Commission
Reference article: 14.1 14.2 14.3 15 and Articles 23.1 23.2 23.3 of National Issues
Page 196, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish a joint committee to regulate, oversee, and monitor the activities of mining, petroleum
Timing: Within 60 days of forming the state / regional government
Implementing Party: Transitional Government of Sudan & state / regional government
Source of Funding:
Composition: The Parties
Location: State/region
Procedures, Method & Criteria:
Reference article:Article 16.1 & 92
Page 196-197, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Share wealth generated from the revenue of natural resources and wealth extracted, tax revenue and taxes levied within the state/region.
Timing: Within 60 days of forming the state / regional government
Implementing Party: Transitional Government of Sudan & state/regional government
Source of Funding:
Composition: Government of Sudan & state / regional government
Location:
Procedures, Method & Criteria:
Reference article: Articles 16.1
Page 197, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Conference to determine the fixed shares of wealth
Timing: At the end of the transitional period
Implementing Party: Transitional government of Sudan & state / regional government
Source of Funding: Transitional government of Sudan & state / regional government
Composition: The Parties
Location: State / region
Procedures, Method & Criteria:
Reference article: Article 16.2
Page 197, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Participation of the Two Areas in the Revenue Allocation and Monitoring Commission
Timing: Within 90 days of commencing implementation of the Agreement
Implementing Party: Transitional government of Sudan
Source of Funding: Transitional government of Sudan
Composition: The Parties
Location:
Procedures, Method & Criteria:
Reference article: Article 21, 23
Page 209, TITLE 9, 12. Northern Track Implementation matrix
Activity: Share power and wealth according to equitable and proven standards
Timing: Immediately upon ratifying the peace agreement
Implementing Party: Independent mechanisms
Sources of Funding: Government of Sudan
Composition:
Procedures: Establish mechanisms
Reference / article: Article 15 General Principles
Page 211, TITLE 9, 12. Northern Track Implementation matrix
Activity: Work to allocate a share of the revenue of Merowe Dam
Timing: After ratifying the peace agreement
Implementing Party: The Parties
Sources of Funding: Government of Sudan
Composition:
Procedures: Issue law for sharing, allocating, and monitoring financial revenue
Reference / article: Article 12 (Northern Track Issues)
Page 218, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Resource allocation
Timing: After ratifying the agreement
Implementing Party: Government of Sudan
Funding: Transitional Government of Sudan
Composition:
Procedures: Allocate specific resources to the region
Reference / article: 1
Page 223, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Allocate 30% of the central government’s net revenue from minerals and oil resources extracted from the states/region of eastern Sudan to the states/region for seven years
Timing: After ratifying the agreement
Implementing Party: Government of Sudan
Funding: Transitional Government of Sudan
Composition:
Procedures: Issue implementation decisions
Reference / article: Annex A (Juba Declaration, 11 September 2019)Power sharing→Economic power sharing→Fiscal federalismPage 23, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, General Principles
7. Disbursement of all the Zakat money collected in the regions/states inside the respective regions/states through their various disbursement channels.
Page 25, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 16. Revenue of the Darfur Region/States
16.1.The Region/states of Darfur shall have the right to generate its own revenue and receive revenue from tax and non-tax related sources, including from the allocations of the National Commission for the Division, Allocation, and Monitoring of Financial Resources and Revenue; the National Revenue Fund; revenue from taxation and different fees (sales taxes, private business, in addition to their share of the value-added tax and the betterment levy, licensing fees, works fees); and the return of their investments and border trade; their share from the sale of extracted natural resources, aid, grants and loans, in accordance with federal policy and the provisions of this Agreement;
16.2.The government of the Darfur Region/States shall have the exclusive authority to determine how best to spend revenue generated or received;
16.3.The government of the Darfur Region/States shall have the power to spend its own revenue for effective governance and fulfillment of its obligations as stipulated in the Peace Agreement;
16.4.The government of the Darfur Region/States shall develop policies and regulations and determine how best to spend revenue based on the interest of the region/states, common good, environment protection, and the interests of local population without conflicting with national policies and the provisions of the Peace Agreement.
Page 25, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 17. Darfur Reconstruction and Development Commission
17.1.A commission for the reconstruction and development of Darfur shall be established within ninety (90) days of the date of signing the Peace Agreement. The headquarters of the Commission shall be in one of the cities of the region and it shall have the right to create branches in other cities when the need arises, provided that all assets belonging to the funds established for development and reconstruction by previous peace agreements be transferred to this commission. The Commission shall continue the projects that have been initiated thereunder in addition to new projects;
17.2.The Commission may seek the assistance of experts to revise and develop corrective measures for the work of the Fund and evaluate the implementation of previous development projects;
17.3.The Parties shall agree on the structure and mechanisms of the Commission for the Reconstruction and Development of Darfur pursuant to the principles stipulated in the Peace Agreement;
17.4.The Commission shall develop its own work regulations, rules and procedure, and decision-making processes under this agreement.
Page 26-27, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 21. Sources of exclusive revenue for the Government of Darfur Region/States: The Government of Darfur Region/States shall have the following exclusive sources of revenue:
21.1.Tax on the lands of the region/states;
21.2.Revenue;
21.3.Property tax;
21.4.Social services fees;
21.5.Consumer service fees;
21.6.Licensing fees;
21.7.State/regional personal income tax;
21.8.State/regional professionals’ tax;
21.9.State/regional tax on individual business profit;
21.10.Indirect taxes;
21.11.State/regional production tax;
21.12.State/regional share of taxes on border trade;
21.13.Tax on agricultural production;
21.14.Tax on animals;
21.15.State/regional seal duties;
21.16.State/regional tourism tax;
21.17.State/regional tax on recreational places;
21.18.Revenue of national parks in the states/region;
21.19.Revenue of state/regional projects and investments;
21.20.Share of the region/states from oil revenue and revenue of other resources;
21.21.Central support, grants, and foreign aid through the national government;
21.22.Domestic and foreign loans and borrowing in accordance with the credit rating and in line with the national economic policy;
21.23.Any other taxes and sources of revenue that do not contravene with the taxing power of the national government.
Page 28, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 26. Grants and Loans
26.1.The Darfur Region shall be entitled to receive assistance in the form of grants or loans from states and international and regional organizations via the federal government while providing sovereign guarantees.
Page 28, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 27. Establishing Darfur Development Bank
27.1.A development bank shall be established in the Darfur Region in accordance with the Central Bank policies.
Page 28-29, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 29. The Darfur Peace Support and Sustainable Development Fund
29.1.The parties agree to establish a peace support fund called the Darfur Peace Support and Sustainable Development Fund, within 60 (sixty days) of the date of signing the Peace Agreement, provided that it fulfils its duties in a period of 10 (ten years) as of the date of its establishment.
29.2.The Parties shall agree on the organizational and functional structure of the Darfur Peace Support and Sustainable Development Fund in accordance with the parameters provided for in the Agreement.
29.3.The Fund shall develop its own regulations, rules of procedures, and decision-making methods under this Agreement.
29.4.The successive governments of Sudan shall commit to seek, along with the international and regional communities, to provide the necessary support for development and reconstruction projects in Darfur.
29.5.The Fund shall have the following functions:
29.5.1.Soliciting domestic and foreign support for funding peace-related projects in Darfur.
29.5.2.Funding commissions and mechanisms established by virtue of the Darfur Peace Agreement as well as any other needs related thereto.
29.6.In addition to Darfur’s share from the funds transferred by the National Commission for the Division, Allocation and Monitoring of Financial Resources and Revenue, the Government of Sudan shall commit to pay 750,000,000 (seven hundred fifty million US Dollars) annually for a period of ten years to the Darfur Peace Support and Sustainable Development Fund to fund the implementation of the Peace Agreement in Darfur.
29.7.The Government of Sudan commits to filling the necessary financial gap for the implementation of the Peace Agreement in Darfur.
29.8.The Government of Sudan commits to providing 100,000,000 (one hundred million US Dollars) within one month of the date of signing this Agreement.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.56.To exercise the right to collect revenue and spend funds in the state/region.
9.57.To exercise the right to borrow loans with the Sudan Central Bank or the state/regional government securing the collateral.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.2.Borrowing funds for the purpose of development and reconstruction from regional and international financing institutions for the regional government, with the guarantee of the Government of Sudan.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT, 13. The state/regional government shall be entitled to pass legislation to collect revenues and fees from the sources below:
13.1.Tax on personal income in the state/region.
13.2.Business profits tax in the state/region.
13.3.Service fees in the state/region.
13.4.Service fees on petroleum fuels.
13.5.The state/regional government projects and businesses.
13.6.Foreign grants and aid without contravening national policy and national sovereignty.
13.7.Tax on sales, services, and production in the state/region.
13.8.Loans and borrowing in accordance with the national macroeconomic policy.
13.9.Licenses in the state/region.
13.10.Tourism fees in the state/region.
13.11.Service fees on the products of natural and forestry resources in the state/region.
13.12.Stamp fees in the state/region.
13.13.Fees on cross-border trade in the state/region, without contravening national policies.
13.14.The state/region share of central support.
13.15.Taxes on agriculture, animals, and veterinary quarantines in the state/region.
13.16.Any other fees in accordance with the constitution.
Page 100, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT, 14. The state/region shall enjoy fiscal decentralization.
Page 100, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT, 15. Accounting Standards:
15.1.The state/regional government shall abide by the approved accounting and financial accountability standards to ensure that public funds are allocated and spent according to the budget allocated to them.
15.2.Income and revenue collected by the state/regional government shall be deposited in public accounts subject to public auditing, accounting, and review.
15.3.The law shall regulate adopted accounting procedures, standards, and financial accountability.
15.4.All accounts of the state/regional government shall be subject to auditing and verification as regulated by law.
15.5.Distribution of the local tax revenue.
Page 100, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT, 19. Issuance of financial pledges, instruments, promissory notes, and bills of exchange: The state/regional government shall be entitled to issue financial pledges, instruments, bills of exchange, promissory notes or other financial documents provided that they are regulated by a law enacted by the state/regional legislative council, based on the balance of the state/region in accordance with national financial policies.
20. The state/region governor may, with the approval of the state/regional legislative council, conclude contracts or agreements for foreign or national loans in accordance with the controlling national terms and standards.
Page 101, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT, 24. Foreign Investment: the state/regional government shall be entitled to regulate foreign investments within its jurisdiction in coordination with the competent national institutions.
25. Zakat: The system of the Zakat Bureau and its aspects of spending must be reviewed at the national, state/regional level, so as to comply with the changes brought about by the glorious December revolution, provided that this resource is directed as a social resource for the benefit of those entitled.
Page 176, TITLE 9, 3. Darfur Track: Wealth Sharing Implementation Matrix
Activity: Develop policies, regulations, and best methods to spend revenue of the Darfur region/states
Timing: After signing the Final Agreement
Implementing Party: Darfur regional/ states government
Source of Funding: Darfur regional/ states government
Composition:
Procedures: Develop policies, regulations and best ways of spending
Reference article: 16.4
Page 177, TITLE 9, 3. Darfur Track: Wealth Sharing Implementation Matrix
Activity: Establish the Darfur Reconstruction and Development Commission
Timing: Within 90 days of the date of signing the Final Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding: The Darfur Peace Support and Sustainable Development Fund
Composition: Within 90 days of the date of signing the Final Agreement
Procedures: Issue a decision creating the Commission
Reference article: 17.1 18
Page 177, TITLE 9, 3. Darfur Track: Wealth Sharing Implementation Matrix
Activity: All assets belonging to the funds established for development and reconstruction by the previous peace agreements are to be transferred to this Commission
Timing: After establishment of the Darfur Reconstruction and Development Commission
Implementing Party: Transitional Government of Sudan
Source of Funding: The Darfur Peace Support and Sustainable Development Fund
Composition: Within 90 days of the date of signing the Final Agreement
Procedures: Issue a decision creating the Commission
Reference article: 17.1
Page 177, TITLE 9, 3. Darfur Track: Wealth Sharing Implementation Matrix
Activity: Agree on the organizational and functional structures of the Darfur Reconstruction and Development Commission
Timing: After establishment of the Darfur Reconstruction and Development Commission
Implementing Party: The Parties
Source of Funding:
Composition: In consultation between The Parties
Procedures: Develop the organizational and functional structure of the Commission
Reference article: 17.3
Page 177, TITLE 9, 3. Darfur Track: Wealth Sharing Implementation Matrix Activity: Develop the regulations and rules of procedures of the Darfur Reconstruction and Development Commission
Timing: After establishment of the Darfur Reconstruction and Development Commission
Implementing Party: The Commission
Source of Funding:
Composition:
Procedures: Develop and adopt the regulations and rules of procedures
Reference article: 17.4Power sharing→Economic power sharing→OtherPage 7-8, TITLE 1, 1. General Principles
1.29. Regions of Sudan shall be represented in federal and legislative institutions of power in proportion to their population size to ensure just power sharing, while observing the principle of positive discrimination for the most underdeveloped and war-affected regions, for equitable distribution of wealth.
Page 223, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Allocate 348,000,000 (three hundred forty- eight million USD) for the Eastern Development Fund
Timing: After ratifying the Peace Agreement
Implementing Party: Government of Sudan
Funding: Transitional Government of Sudan
Composition:
Procedures: Undertake financial decisions for implementation
Reference / article: 73
Page 223, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Establish the National Eastern Sudan Bank
Timing: After ratifying the Peace Agreement
Implementing Party: East Sudan states/region
Funding: Transitional Government of Sudan
Composition:
Procedures: Issue a decision approving the establishment of the bank
Reference / article: 74
Page 223, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Create a mechanism for identifying the share of social responsibility of national projects for the benefit of the states/region of eastern Sudan
Timing:Within 3 months of the date of signing the Peace Agreement
Implementing Party: Government of Sudan
Funding: Transitional Government of Sudan
Composition: The Parties
Procedures: Issue a decision to establish the joint mechanism
Reference / article: Annex A (Juba Declaration, 11 September 2019) - Military power sharingPower sharing→Military power sharing→Merger of forcesPage 62, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.1.The Parties agree to integrate the forces of the signatory armed struggle movements in the military establishment and security services;
26.2.The ultimate purpose of the integration process is for the Sudanese Armed Forces, with its new unified military doctrine that protects citizens, the homeland, and the constitution; to be the only professional national army and to integrate all other forces present on Sudanese territory in a unified professional national army;
26.3.The Parties agree that the assembly, examination, distribution, and vetting of the forces of the armed struggle movements/ Darfur Track shall be completed within (90 days) from the date of signing the peace agreement, in accordance with the agreed upon procedures for Assembly areas. The period may be extended by the Joint High Council;
26.4.The integration process shall start immediately upon provision of integration requirements agreed upon in this agreement. The Assembly and training processes shall be completed within 15 months of the signing of this agreement;
26.5.The Parties agree to keep the integrated forces of the armed struggle movements in Darfur for a period of (40) forty months from the date of the signing of this agreement, which may be extended if deemed necessary for security and humanitarian reasons in the region. After this period, the forces shall be deployed according to the strategic deployment plan of the Armed Forces.
26.6. The Parties agree that forces of the armed struggle movements shall be integrated in the military establishment and other security services in the form of full military units according to the organization of the Sudanese Armed Forces
Page 64, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.18.Integration Requirements
26.18.1.The Government of Sudan shall ensure the integration of the armed struggle movements’ forces into the Sudanese military establishment and security services, according to the agreed timetables, criteria, and principles;
26.18.2.Forces of the armed struggle movements shall be integrated in the military establishment and other security institutions in accordance with numbers to be agreed upon later;
26.18.3.Combatants of the armed struggle movements’ forces who are integrated into the military and security institutions may not go into retirement in the first 6 years of their integration, except as the result of discipline violations and violations of the law;
Page 66, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 27. The Police
27.12.The Parties agree to assemble the police forces in the Darfur states/ region to speed up the integration process.
Page 66, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 28. The General Intelligence Service
28.1.The Parties recognize that the General Intelligence Service shall be a national and
professional body whose members may not have any political affiliation or affiliation to a certain group, faction, region, or area. It shall owe allegiance to the homeland. Joining the General Intelligence Service shall be guaranteed for all Sudanese people in accordance with applicable criteria and standards;
28.2.The Parties agree to integrate an agreed number of members from the intelligence of the armed struggle movements/ Darfur Track into the General Intelligence Service in accordance with the agreed criteria and standards;
...
28.4.The Parties agree to establish a Joint Intelligence Technical Committee to undertake the task of integrating the individuals of the armed struggle movements/ Darfur Trak into the General Intelligence Service in accordance with the agreed upon criteria
Page 67, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 29. Security Keeping Force in Darfur.
29.1.Creation of a security keeping force in Darfur.
29.1.1.The Parties agreed to establish a security keeping force and its command in Darfur so as to ensure the participation of forces from the armed struggle movements after receiving intensive training within 90 days of the date of the signing of this agreement.
...
29.3.The security keeping force in Darfur shall be composed of the following forces: 29.3.1.Sudanese Armed forces;
29.3.2.Rapid Support Forces;
29.3.3.The Police forces;
29.3.4.Forces of the General Intelligence Service; and
29.3.5.Forces of the signatory armed struggle movements.
29.4.Composition
29.4.1.The Parties agree that the security keeping force in Darfur shall be composed of a twelve thousand-strong force, that may be increased if necessary. It shall be distributed as follows:
29.4.1.1.(6,000) individuals from the Armed Forces, the Rapid Support Forces, the Police, and the General Intelligence Service;
29.4.1.2.(6,000) individuals from the forces of the armed struggle movements.
Page 74, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 33. Reform, Development, and Modernization of the Military Establishment and Other Security Services
33.5.The Parties agree on the following:
33.5.1.To reform, develop, and modernize the military and other security services; build a single national professional army with a new unified military doctrine that reflects the demographic diversity of Sudan and defends the supreme interests of Sudan composed of all parties to the final security arrangement agreement signed by the negotiating parties in Juba, making the Armed Forces, the Rapid Support Forces, other security services and the armed struggle forces of Darfur Track a single unified regular force that serves the supreme interests of State of Sudan, based on professionalism, without politicization and narrow affiliations;
Pages 122-126, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Integration
[This section in its entirety deals with the merger or integration of forces]Power sharing→Military power sharing→Joint command structuresPage 62, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.7.The Parties agree to establish a Joint High Council chaired by the commander-in-chief of the Armed Forces, with the membership of the commander of Rapid Support Forces, Minister of Defense, Minister of the Interior, the Chief of Staff, the Director General of the Police, Director General of the General Intelligence Service, head of the Military Intelligence Authority and heads of the armed struggle movements for supervision, monitoring, evaluation, and follow up on the implementation of integrating the forces of the armed struggle movements and evaluating the security and humanitarian situation in Darfur. The Joint High Council shall hold periodic meetings. It shall, among other functions, form a mechanism to address the issue of war prisoners and missing persons of both Parties.
...
26.9.The Parties agree to exceptionally appoint a number of senior officers from the armed struggle movements in the general command, based on the size of forces integrated therein, through a task force that shall introduce plans and policies for managing the forces for the entirety of the agreed upon period during which the forces remain in Darfur. The task force shall submit its periodic reports to the Joint High Council;
26.10.The Parties agree to exceptionally appoint a number of senior officers from the armed struggle movements in the ground forces, the police, and General Intelligence Services based on the size of the integrated forces;
26.11.The Parties agree that leadership of the integrated forces shall be pursuant to units and seniority;
Page 64, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.18.Integration Requirements
26.18.4.The Joint High Military Committee for Security Arrangements shall create a technical integration committee to supervise the integration of the former combatants of the armed struggle movements’/Darfur Track forces including undertaking planning, implementation, management, and monitoring of the process. The committee shall develop a plan for integrating former combatants. The technical integration committee shall include representatives of the Parties, a representative of the DDR Commission and a representative of a third party. Chairmanship of the committee shall be rotated between the Parties;
Page 65, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 27. The Police
27.5.The Parties agree to integrate the number to be agreed upon of the forces of the armed struggle movements/ Darfur Track in the different departments of the Sudanese police.
27.6.The Parties agree to establish a Joint Police Technical Committee to integrate and accommodate commissioned and non-commissioned officers and soldiers in accordance with the agreed-upon terms and conditions;
27.7.The Parties agree that forces of the armed struggle movements shall receive the number of officers in the agreed-upon low-level and senior ranks, professional development, and education in the police force, in accordance with the agreed standards.
27.8.The Joint Police Technical Committee shall be composed of the following:
27.8.1.Representatives of the Sudanese police;
27.8.2.Representatives of forces of the signatory armed struggle movements/ Darfur Track;
Page 66, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 28. The General Intelligence Service
28.3.The Parties agree that the agreed number of officers in low-level and senior ranks from the intelligence of the armed struggle movements shall receive professional development and education in general intelligence, in accordance with the established standards.
Page 70, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 30. Disarmament, Demobilization and Reintegration (DDR)
30.3.Structure of DDR Mechanisms.
30.3.1.At the national level:
30.3.1.1.The DDR High Council;
30.3.1.2.The National DDR Commission.
30.3.2. At the regional level:
30.3.2.1.The Darfur Regional DDR Commission.
30.4.The Parties agree to restructure the DDR High Council and the National DDR Commission within 45 days from the date of the signing of the peace agreement, to ensure the representation of parties to the agreement in the structures of the Council and the Commission.
30.5.DDR High Council.
30.5.1.The Council shall be responsible for developing, supervising, coordinating, and evaluating DDR policies. It shall also coordinate with the DDR Commission at the national level.
Page 72, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 30. Disarmament, Demobilization and Reintegration (DDR)
30.8.7.The Darfur Regional DDR Commission shall be composed of the following:
30.8.7.1.(5) representatives of the Government of Sudan;
30.8.7.2.(5) representatives of the armed struggle movements signatory to this agreement;
30.8.7.3.One representative of a UN third party;
30.8.7.4.Stakeholders and donors.
30.8.8.The Parties shall appoint a commissioner for the Darfur Regional DDR Commission by consensus;
30.8.9.The Parties agree to ensure the participation of women in DDR decision-making processes, to effectively and appropriately meet the needs and interests of women, including the representation of women in the Darfur Regional DDR Commission.
30.8.10.The Commission may seek the help of national and foreign technical experts in accordance with the laws in effect in the country.
(part of extensive DDR sub section within chapter, see also DDR category)
Page 73, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 31. Darfur Commission for Security Arrangements.
31.1.The Parties agreed to restructure the current Darfur Commission for Security Arrangements with five branch offices in the states/region of Darfur and to make use of its capacity to ensure the representation of signatory Parties therein. It shall supervise and implement security arrangements and introduce the plans and programs necessary therefor, provided that the Parties to this Agreement are members of the Commission. The chairman of the Commission shall be selected by consensus of the Parties to this Agreement.
Page 73, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 33. Reform, Development, and Modernization of the Military Establishment and Other Security Services
33.1.Security and Defense Council
33.1.1.The Council shall develop and approve the general plan for the reform, development, and modernization of the military establishment and security services and monitor the implementation thereof.
33.1.2.The Parties agree to refer the implementation of reform, development and modernization of the military establishment and other security services policies and plans to the Joint High Council.
33.1.3.The Council shall hold periodic meetings, as agreed-upon, to review the implementation of the security arrangements agreement included in the final peace agreement. Leaders of the armed struggle movements signatory to the peace agreement that have no representatives on the Council shall be invited to attend meeting of the Council that are focused on instituting policies and plans for the reform, development, and modernization of the military establishment and other security services.
33.2.The Sovereign Council and Council of Ministers
33.2.1.The Councils shall, among other tasks, monitor the implementation of the security arrangements agreement and provide the necessary resources for the implementation of the agreed plan of reform, modernization, and development.
33.3.Security and Defense Committee in the Transitional Parliament.
33.3.1.The Security and Defense Committee in the Transitional Parliament shall, among other duties, pay special attention to overseeing the implementation of the security arrangements agreement and the reform, modernization, and development plan for the military establishment and security institutions.
Page 75, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 33. Reform, Development, and Modernization of the Military Establishment and Other Security Services
33.5.The Parties agree on the following:
33.5.11.To reform the Sudan Armed Forces to be representative of all people of Sudan, in their general membership and leadership at all levels;
...
33.8.The Parties agree to address the imbalance in the representation of Darfuri people in the security sector in all military ranks, including commissioned and non-commissioned officers at all levels, by according proportionate representation of population and positive discrimination.
Pages 123, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Integration
90. The Joint Police Technical Committee shall be composed of the following: 90.1.Representatives of the Sudanese police.
90.2.Representatives of the police from SPLA-N/SRF forces.
90.3.The Joint Police Technical Committee shall submit its recommendations to the security arrangements’ higher joint military committee for approval and adoption.
91. Duties of the Joint Police Technical Committee:
91.1.Receive the agreed list of candidates for integration into the police force.
91.2.Review official identification documents and certificates and conduct the necessary checkups and medical examinations.
91.3.Review the terms, criteria, and plans for integration into the police force, taking into consideration positive discrimination for the population of the Two Areas, especially women, provided that the specified criteria is not violated.
91.4.Determine the proposed ranks for the commissioned and non-commissioned officers.
91.5.Recommend enlisting them in the police training centers.
91.6.The state shall provide the necessary logistics and budget for the integration process.
91.7.The Parties agree on the necessity of accelerating the integration process and assembling the police forces in the Two Areas in agreed locations.
91.8.The Parties agree that during the transitional period the police force shall undertake the following functions:
91.9.Prevent and combat crime.
91.10.Enforce the law, maintain public order, and ensure the safety of money, people, and public tranquility.
91.11.Undertake all internal security operations, including securing strategic and vital facilities, protecting important persons, and maintaining communal security. 91.12.Combat organized and cross-border crime, including terrorism, human trafficking, illegal migration, weapons and drugs smuggling, money laundering and electronic crimes.
91.13.Combat corruption.
91.14.Provide police services which include the civil record, passports, traffic policing and civil defense.
91.15.Undertake functions of the prison sector, protect wild life, and engage in customs functions without violating the technical jurisdiction of the Ministry of Finance.
91.16.Protect and secure IDP camps and participate in securing humanitarian assistance routes.
91.17.Protect and secure the roads and villages for voluntary return of IDPs and refugees.
91.18.Protect families and children.
91.19.Ensure the rule of law and bring perpetrators to justice.
Page 193, TITLE 9, 9. Darfur Track Permanent Ceasefire and Security Arrangements Implementation Matrix
(10) Activity: Establish the Joint High Council
Timing: D-Day + 14
Implementing Party: Commander- in-Chief of the Armed Forces
Funding: Government of Sudan
Composition: The Parties
Procedures: Establishing decision
Reference: Article 26.7
Page 194, TITLE 9, 9. Darfur Track Permanent Ceasefire and Security Arrangements Implementation Matrix
(18) Activity: Restructure the National DDR Commission and DDR High Council
Timing: D-Day +45
Implementing Party: Government of Sudan
Funding: Government of Sudan
Composition: The Parties
Procedures: Decision
Reference: Article 30.4
Page 195, TITLE 9, 9. Darfur Track Permanent Ceasefire and Security Arrangements Implementation Matrix
(22) Activity: Appoint officers from the armed struggle movements in the planning and policy unit
Timing: D-Day + 90
Implementing Party: The Parties
Composition: The Parties
Procedures: Decision
Reference: Article 26.9
Human rights and equality
- Human rights/RoL generalPage 7, TITLE 1, 1. General Principles
1.16.Legal reform, restructuring and improving the judicial and legal system, and ensuring the independence of the judiciary and the rule of law are tasks that must be implemented.
Page 7, TITLE 1, 1. General Principles
1.22.Justice, accountability, reconciliation, and transitional justice are critical for ensuring durable peace and security in Sudan. Justice shall be founded on upholding the rule of law, the ratified international human rights conventions, and international humanitarian law, including through mechanisms based on the customs, cultures, and heritage of the Sudanese peoples.
Page 22, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 33. Resolving disputes related to concurrent powers
33.1.In the event of a conflict between the provisions of the law of Darfur Region, the federal law and powers of local governance, the law that shall prevail is that which most effectively deals with the subject matter of the law while observing the following:
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33.1.4.The need to promote the welfare of the people and to protect human rights and fundamental freedoms for all.
Page 27, TITLE 2. Chapter 3: Justice, Accountability, and Reconciliation Protocol
General Principles
1. Respect for international human rights law and international humanitarian law.
...
8. The unconditional condemnation of atrocities, abuses, and violations of human rights and international humanitarian law committed during the conflicts, and the importance to take all necessary steps to prevent the repetition of such violations.
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11. Children implicated in the conflict, who may have been involved in the commission of crimes under international law, if any, shall be considered victims and treated in accordance with the Convention on the Rights of the Child, Protocol II to the Geneva Convention, the African Charter on Rights and Welfare of the Child, the Beijing Rules, and relevant international juvenile justice and standards of fair trial. In conjunction with UNICEF and other relevant international organizations, the Parties shall work to rehabilitate and reintegrate child soldiers into society.
Page 28, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL,
General Principles
13. The importance of continuing to undertake legal and institutional reforms to strengthen the rule of law, and to establish relevant mechanisms thereto in accordance with the international standards.
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15. The review of public services to identify and remove individuals who perpetrated abuses and violations of human rights and international humanitarian law to curb impunity, build confidence, and strengthen the rule of law in Darfur.
Page 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.2. The human rights of displaced persons shall be fully respected and guaranteed under international and national laws, whether during the voluntary return, resettlement, or thereafter;
Page 41, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 4. Suitable Conditions for Return
4.1. With the assistance of the concerned international and domestic institutions, the Parties agree to create the political, economic, social, and security conditions conducive to the voluntary return and acceptable reintegration of IDPs and refugees, without giving preference to any particular group. These conditions shall include, but not be limited to:
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4.1.11.The Parties shall refrain from attacking, intimidating, or harassing IDPs, refugees or returnees in any way at all times. The human rights of IDPs, refugees and returnees shall be fully respected, with special considerations, protections, and processes for vulnerable groups such as women, children, the elderly, and persons with disabilities;
Page 51, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 9.Guiding principles for the final security arrangements, reform, development and modernization of security sector.
9.7. The Parties agree to reform, develop, and modernize the military establishment and other security services/the security sector, provided that there are short and long-term reforms in furtherance of the objectives and provisions of this agreement, supporting the establishment of a permanent, professional, and independent system to improve their capacity, effectiveness, impartiality, inclusiveness, and professionalism, as well as to strengthen the rule of law in Sudan in accordance with international law and best practices and to establish armed forces that represent the diversity of Sudan and are capable of defending Sudan against foreign enemies and maintaining the sovereignty and territorial integrity of Sudan;
Page 53, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 14. General Provisions and Principles of the Permanent Ceasefire
14.5.The Parties shall commit to immediately releasing the remaining prisoners of war unless they are indicted in private rights cases as a sign of national reconciliation, in addition to releasing any other persons detained due to the war in furtherance of confidence building measures and searching for missing persons;
Page 54, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 14. General Provisions and Principles of the Permanent Ceasefire
14.16.The Parties acknowledge that the primary responsibility for enforcing law and maintaining public safety falls with a recognized police authority that carries out its duties in accordance with the law and acceptable standards;
Page 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 18. Prohibited Acts
18.4.Using force and violence against civilians and subjecting them to maltreatment, including sexual violence against women, which constitutes a violation of international law and relevant domestic law
Page 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 18. Prohibited Acts
18.10.Violating human rights, international humanitarian law, and obstructing freedom of movement;
Page 65, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 27. The Police
27.2.The police force shall be professional and impartial and work in accordance with laws and regulations;
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27.4.The Parties recognize that the Sudanese police shall be a law-enforcement service that is composed and commanded at a national level, operating at state/regional level with the presence of federal departments that undertake their federal obligations and duties;
Page 66, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 27. The Police
27.13.9.Ensure the rule of law and bring perpetrators to justice
Page 67, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 28. The General Intelligence Service
28.7.The General Intelligence Service shall have the following competencies:
28.7.3.Undertake the necessary search and investigation to reveal any conditions, facts, activities, or elements that may infringe upon the national security and safety of Sudan, in accordance with the provisions of the law;
Page 67, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 29. Security Keeping Force in Darfur.
29.1.Creation of a security keeping force in Darfur.
29.2.Legal Framework.
29.2.1.The security keeping force in Darfur shall be subject to Law of the Armed Forces of 2007, amended in 2013, and the provisions of this Agreement;
29.2.2.The security keeping force shall operate pursuant to the working frameworks that apply to the Sudanese Armed Forces;
29.2.3.Rules of engagement shall be issued therefor.
Page 68, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 29. Security Keeping Force in Darfur.
29.5.Functions of the Security Keeping Force in Darfur.
29.5.7.Protecting and helping civilians, abiding by international humanitarian law and international human rights law to end violence threatening life and individuals;
Page 72, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 30. Disarmament, Demobilization and Reintegration (DDR)
30.8.10.The Commission may seek the help of national and foreign technical experts in accordance with the laws in effect in the country.
Page 74, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 33. Reform, Development, and Modernization of the Military Establishment and Other Security Services
33.4.Areas of reform in the security sector.
33.4.1.Reforming laws and regulations of the military establishment and the security services;
Page 75, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 33. Reform, Development, and Modernization of the Military Establishment and Other Security Services
33.5.The Parties agree on the following:
33.5.6.Legally-authorized institutions shall enjoy exclusive possession of arms;
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33.5.15.The Parties commit to implementing a comprehensive program for reform, development, and modernization of the military establishment and other security services to improve their capabilities, effectiveness, impartiality, and professionalism and to promote the rule of law, in accordance with acceptable standards.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.9.Create mechanisms that help to end impunity for perpetrators and bring justice for victims to establish a process of national reconciliation and healing. This shall be founded on upholding the rule of law and the international conventions of human rights and the international humanitarian law.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.36.Fundamental rights and freedoms.
Page 104-105, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, DELEGATION OF POWERS, 65. The Parties agreed that when delegating powers, the state/regional government shall observe the following:
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65.2.Recognition of the duty of the state/regional government to develop, improve, and care for the people and protect the fundamental human rights and freedoms and the rule of law.
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65.4.Achievement of good governance through democracy, transparency, accountability, and the rule of law at all levels of governance to establish durable peace and economic, social, and political stability.
Page 108, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, DEVELOPMENT AND RECONSTRUCTION COMMISSION AND MECHANISM, 86. The National Commission for Religious Freedoms:
86.1.The Parties agree to establish a National Commission for Religious Freedoms in Sudan, with branches thereof in the Two Areas.
86.2.The Parties stressed the freedom of religions and faiths and the importance of tolerance and religious coexistence. The Parties also highlighted the necessity to establish a national ministry for peace and human rights to promote and protect human rights in Sudan.
86.3.Realize religious coexistence among all followers of religions and faiths to link and promote the peace process with the acquired rights.
Page 114, TITLE 3, CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Permanent Ceasefire Arrangements, 30. Prohibited Acts:
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30.10.Violation of human rights, international humanitarian law, and obstruction of the freedom of movement.
Page 125, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Integration
91. Duties of the Joint Police Technical Committee
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91.19.Ensure the rule of law and bring perpetrators to justice.
92. The Parties shall seek, with the international community, ways to provide technical assistance for police training and capacity building in order to maintain peace and the rule of law.
Page 134, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, Human Rights and Transitional Justice
5. The federal government shall endeavor to promote human rights in accordance with ratified international and regional instruments and protect freedom of expression, thought, belief and political affiliation;
6. The Parties affirm their willingness to cooperate fully and without restrictions in relation to persons against whom arrest warrants have been issued including, among other things, facilitating bringing those wanted to the International Criminal Court to stand trial;
7. The Parties shall consider signing and ratifying treaties, agreements and protocols, particularly those related to the rights of women, children and families and complying with the internationallaw and rules of human rights;
8. Codifying UNSC resolution 1325 related to Women, Peace and Security;
9. The Federal Government shall endeavor to carry out fair investigations and trials for all violations perpetrated in the region since 30 June 1989, particularly the events of 29 January 2005, the events of 27-28 Ramadan 2019 in Port Sudan, preceding events in the state of alQadarif and the rest of the region and the various events that followed in the region by forming independent investigation committees and bringing perpetrators to stand trial as soon as
possible;
10. Guaranteeing the rights of shipping and unloading workers onboard and off-board ships and reaching lasting remedies for their employment status in accordance with the law;
Page 143, TITLE 5, General Principles
7. Activating mechanisms to ensure the respect of human rights, the UN Declaration on the Rights of Indigenous Peoples of 2007, as well as international instruments, agreements, and treaties ratified by the Republic of Sudan.
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11. The state shall ensure for men, women, and persons with special needs the equal and balanced right to enjoy all civil, political, social, cultural, and economic rights while observing positive discrimination.
12. Recognizing the principles of justice, accountability, and no impunity and bringing all the accused to national and international courts and tribunals.
13. Committing to the principles of transparency, accountability and combating all forms of corruption and creating the necessary mechanisms for that purpose.
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20. Legal reform and rebuilding and improving the rights and justice system and ensuring the independence of the judiciary
Page 154, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 20. Prohibited Acts.
20.4. Using force and violence against civilians and subjecting them to maltreatment, including sexual violence against women, which constitute a violation of international law and relevant domestic law.
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20.10. Violating human rights and international humanitarian law and obstructing the freedom of movement.
Page 184, TITLE 9, 5. Darfur Track: Displaced Persons and Refugees Implementation Matrix
Activity: Design mechanisms to monitor human rights conditions in areas of return
Timing: After establishing the IDPRC
Implementing Party: IDPRC
Source of Funding:
Composition:
Procedures: Create the mechanisms
Reference/Article: 8.6.8
Page 218, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Rights of the loading and unloading workers
Timing: After final signing of the Peace Agreement
Implementing Party: Government of Sudan
Funding:
Composition: The High Committee for Implementing the Agreement
Procedures: Review laws and develop policies and permanent remedies for the employment status of workers
Reference / article: 10 - Bill of rights/similarPage 7, TITLE 1, 1. General Principles
1.14.The bill of rights enshrined in the Constitutional Charter constitutes a social contract among all Sudanese people. Fundamental human rights and freedoms included in this document shall be upheld and advanced.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
12. The Charter of Rights contained in the Constitutional Charter shall be a covenant between all the people of Sudan and between them and their governments at all levels, and there is an obligation on their part to respect and promote the human rights and fundamental freedoms contained in the Charter, which shall be considered the cornerstone of social justice, equality, and democracy in Sudan. - Treaty incorporationPage 7, TITLE 1, 1. General Principles
1.15.All rights and freedoms provided for in international and regional human rights agreements, covenants, and charters ratified by the Republic of Sudan shall be an integral part of this agreement.
Page 7, TITLE 1, 1. General Principles
1.22.Justice, accountability, reconciliation, and transitional justice are critical for ensuring durable peace and security in Sudan. Justice shall be founded on upholding the rule of law, the ratified international human rights conventions, and international humanitarian law, including through mechanisms based on the customs, cultures, and heritage of the Sudanese peoples.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
13. All rights and freedoms enshrined in international and regional human rights treaties and conventions ratified by the Republic of Sudan are an integral part of this Agreement.
Page 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.1. The Parties shall be bound to all international agreements and treaties related to displaced persons and refugees ratified by the Government of Sudan;
2.2. The human rights of displaced persons shall be fully respected and guaranteed under international and national laws, whether during the voluntary return, resettlement, or thereafter; - Civil and political rightsHuman rights and equality→Civil and political rights→EqualityPage 4, PREAMBLE:
SEEKING to fulfill the longings and aspirations of our peoples to end the wars and conflicts and achieve a just, comprehensive, and sustainable peace, that establishes a state based on equal citizenship without discrimination, and brings justice to millions of Sudanese from displaced persons, refugees and the dispossessed who were forcibly displaced by the former regime, who against them committed war crimes, crimes against humanity and genocide;
Page 7, TITLE 1, 1. General Principles
1.17.Equal citizenship without discrimination is the basis for all civil, political, economic, social, and cultural rights and duties.
Page 12, TITLE 1, 18. Combating Racism
18.1.The Parties agree to issue strict legislation criminalizing all kinds of racism and to adopt clear state policies to combat different forms of racial attitudes, discrimination, and manifestations of ethnic and religious supremacy through education curricula, media, and building an integrated societal culture that respects human dignity and upholds the values of equality between human being without discrimination.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
12. The Charter of Rights contained in the Constitutional Charter shall be a covenant between all the people of Sudan and between them and their governments at all levels, and there is an obligation on their part to respect and promote the human rights and fundamental freedoms contained in the Charter, which shall be considered the cornerstone of social justice, equality, and democracy in Sudan.
Page 71, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 30. Disarmament, Demobilization and Reintegration (DDR)
30.7.4.The principles of fairness, transparency, equality, and impartiality shall be observed during the social and economic reintegration of former combatants. Furthermore, former combatants shall receive equal treatment, regardless of their past affiliation with any of the movements;
Page 73, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 30. Disarmament, Demobilization and Reintegration (DDR)
30.10.3.To ensure fairness, transparency, and equity when deciding on the eligibility of former combatants to receive the targeted assistance;
30.10.4.Throughout the reintegration processes, former combatants shall be treated equally, regardless of their past affiliations with the armed struggle movements signatory to the Final Peace Agreement.;
Page 94, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, General Principles
1. Equal citizenship without discrimination shall be the basis for all rights and duties. The state shall stand at equal distance from all religions and cultures, without any ethnic, religious, or cultural bias that may lead to derogation of this right. It shall be enshrined in the Constitutional Charter governing the transitional period.
Page 94, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, General Principles
2. Equal citizenship without discrimination shall be the basis for all civil, political, social, economic, and cultural rights and duties to build a decentralized state based on a system of equitable power and wealth sharing and necessary positive discrimination.
Page 143, TITLE 5, General Principles
6. Reforming governance organs and state institutions. Engaging all people of the country and endeavoring to ensure equal opportunities, while stressing the principle of qualification, competency and honest competition for public office.Human rights and equality→Civil and political rights→Freedom of movementPage 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.5. IDPs and refugees shall enjoy the same human rights and fundamental freedoms of any citizen in Sudan, including the right to move freely and reside anywhere on Sudanese territory;
Page 40, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 4. Suitable Conditions for Return
4.1. With the assistance of the concerned international and domestic institutions, the Parties agree to create the political, economic, social, and security conditions conducive to the voluntary return and acceptable reintegration of IDPs and refugees, without giving preference to any particular group. These conditions shall include, but not be limited to:
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4.1.2.The right to free movement and choice of residence;
Page 53, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 14. General Provisions and Principles of the Permanent Ceasefire
14.7.The Parties must commit to providing and facilitating humanitarian assistance by creating conditions that encourage provision of urgent humanitarian assistance to the homeless, IDPs, refugees, and affected persons and their right to voluntary return to their areas of origin;
Page 54, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 17. Permissible Acts
17.1.4.Freedom of movement for unarmed soldiers in civilian attire who are on vacation, on sick leave, or are visiting their families pursuant to an authorization from the competent authority and with the knowledge of the field teams;
Page 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 18. Prohibited Acts
18.10.Violating human rights, international humanitarian law, and obstructing freedom of movement;
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18.12.Obstructing the freedom of movement of the monitoring mechanisms in implementing their mandated tasks;
Page 112, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Permanent Ceasefire Arrangements
General and Fundamental Provisions
19. The permanent ceasefire agreement shall ensure freedom of movement for persons, especially civilians, goods and services throughout Sudan and opening crossings and borders with neighboring countries in accordance with the agreements signed with them and the necessary security measures.
Page 113, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Permanent Ceasefire Arrangements
29. Permissible Acts: Due to the wide-scale damage and adverse effects of the war, the main principle underlying the permissible acts shall be the removal of the effects of war on civilians and affected areas, and to encourage public support for peace. The permissible acts shall include:
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29.4.Freedom of movement of unarmed soldiers in civilian attire who are on leave, on sick leave, or are visiting their families in accordance with an authorization from the competent authority and with the knowledge of the field teams.
Page 114, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Permanent Ceasefire Arrangements
30. Prohibited Acts:
30.10.Violation of human rights, international humanitarian law, and obstruction of the freedom of movement.
Page 115, Title 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, 39. Preparatory Phase of the Ceasefire:
39.2.The Parties, upon declaring the permanent ceasefire and entry into force thereof, shall commit to immediately embark on defining the assembly areas for the SPLA-N/SRF forces through the Joint High Military Ceasefire Committee in areas to be agreed upon by the Parties.Human rights and equality→Civil and political rights→Vote and take partPage 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.7. The Parties shall adhere to the following principles and rights of return:
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2.7.6.Rights and privileges of IDPs and refugees to citizenship and participation shall not be affected due to their status as IDPs or refugees, and their rights and privileges shall be fully restored and guaranteed in Sudan;
2.7.7.It shall be prohibited to discriminate against IDPs and refugees or prevent them from participating in government or electing officials. IDPs and refugees shall enjoy the right to participate fully and equally in public affairs at all levels and have equal access to public services;Human rights and equality→Civil and political rights→OtherPage 92-93, TITLE 3. CHAPTER TWO: FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, Requirements for Concluding a Process for Achieving Durable Peace and Political Transformation
58. The Parties agreed on achieving sustainable, inclusive and comprehensive peace in accordance with the framework provided in this Agreement, and particularly the following sequencing requirements:
58.4.The Constitutional Conference shall address, among other issues, the relationship between religion and state, and shall resolve this issue in a manner that is in accordance with the right of citizenship without discrimination. - Socio-economic rightsHuman rights and equality→Socio-economic rights→HealthPage 136, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, Health Issues
24. The Government shall commit to providing primary health and reproductive health care and emergency services free of charge for all citizens in addition to developing public health and establishing, developing and rehabilitating essential treatment and diagnostic institutions;
25. The Federal Government and the state/regional government shall commit to improving and consolidating the health system and rehabilitating educational, reference and mobile hospitals, medical schools and health centers in addition to providing qualified medical staff and auxiliary personnel;
26. The Federal Government and the state/regional government shall commit to making
specialized health centers available in rural and remote areas;
27. The Government shall commit to conducting an integrated study on the environmental and health impacts resulting from the use of asbestos in houses’ roofs and water networks in New Halfa area and introducing the necessary remedies;
28. The Government shall commit to conducting a study on endemics and contagious diseases in the state/region with the help of organizations working in the field of health and introducing the necessary remedies;
29. The Government shall commit to conducting a study on health and education to determine the priorities and sites for establishing and rehabilitating schools, hospitals and health centers in coordination with the competent authorities;
Page 145, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 11. Working to address all the issues of resettlement in the villages of the New Hamdab (alMultaqa), through the following:
11.2.Rehabilitating all health and educational services and completing drinking water supply from the Nile and establishing economic projects;
Page 147, TITLE 5. ISSUES OF THE NORTHERN TRACK(POLITICAL AND SOCIOECONOMIC), 32. Addressing the problems of health and education and conducting social studies to remedy the negative phenomena in the community of the displaced persons after displacement.
Page 219-220, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Public health issues
Timing: After ratifying the Peace Agreement
Implementing Party: Government of Sudan and the state/regional government
Funding: Transitional Government of Sudan
Composition: Government of Sudan and health organizations
Procedures: 1-Provide healthcare and improve and rehabilitate health facilities 2- Improve and promote the health system
3- Make available specialized health centers in rural areas 4- Conduct a study on the impact of asbestos and remedy thereof
5- Study and remedy endemics and contagious diseases
6- Conduct a study on health and education sectors to identify priorities of establishing and rehabilitating facilities
Reference / article: 24, 25, 26, 27, 28 & 29Human rights and equality→Socio-economic rights→EducationPage 13-14, TITLE 1, 26. Education
26.1. As a comprehensive development renaissance in the country requires modern education, the Parties agree that the Government of Sudan shall commit to mandatory and free public education, introducing policies, holding education conferences, providing the necessary resources to assure quality education for all and to eliminating gaps and regional, gender, and social imbalances in education particularly in the war-affected and least developed areas.
Page 135, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, Education and Human Development Issues
16. The Parties reaffirm that education is a right guaranteed for every citizen. The state shall ensure that basic education is free and mandatory and endeavor to eradicate illiteracy;
17. The Federal Government shall prioritize the promotion of education at all levels in Eastern Sudan and pay utmost attention to the education of girls;
18. The Federal Government shall endeavor to promote and celebrate local languages. Competent national institutions shall consider methods to integrate them into national curricula in the framework of the overall policy for other national languages;
19. The state/regional government shall endeavor to open boarding schools as needed;
20. The Federal and state/regional government shall endeavor to develop and disseminate professional and vocational education in the state/region;
21. The principle of positive discrimination shall be applied to the men and women of the East in higher education scholarships and external university scholarships in accordance with the policies, regulations and standards of higher education;
22. The Government and the East Fund shall allocate a specified share of their resources to paying the tuition of students from Eastern Sudan in governmental universities after carrying out a social study;
23. The communal administration in Eastern Sudan shall urge citizens and encourage them to pursue education.
Page 136, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, Health Issues
29. The Government shall commit to conducting a study on health and education to determine the priorities and sites for establishing and rehabilitating schools, hospitals and health centers in coordination with the competent authorities;
Page 139, TITLE 4. CHAPTER TWO: THE SOCIOECONOMIC ISSUE, Issues of Lands, Dams and Displaced Persons
62. The Government shall commit to creating a fair investigation committee in relation to displaced persons, to redress and preserve their humanity, revise land surveys and decisions of compensation committees and provide the necessary services including water, electricity, education, health, and security. Its recommendations shall be submitted to the competent authority to undertake the necessary measures;
Page 145, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 11. Working to address all the issues of resettlement in the villages of the New Hamdab (alMultaqa), through the following:
11.2.Rehabilitating all health and educational services and completing drinking water supply from the Nile and establishing economic projects;
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11.4.Addressing the issue of those who were included by the displacement scheme, but were not displaced in the areas of Kalkeely and al-Hamdab Island, compensating them with rights, property, and by the provision of health and educational services, establishing agricultural projects, and creating a mechanism to engage local people for that end;
Page 147, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 32. Addressing the problems of health and education and conducting social studies to remedy the negative phenomena in the community of the displaced persons after displacement.
Page 168, TITLE 9, 1. National Issues Implementation matrix
Activity: Ensure the provision of mandatory and free public education and quality thereof
Timing: After signing the Final Agreement
Implementing Party: Government of Sudan
Source of Funding: Government of Sudan
Composition:
Procedures: Hold education conferences and institute policies
Reference article: 26.1
Page 203, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Introduce the necessary policies to ensure that higher education is free of charge and grant scholarships in order to cover expenses of students from war-affected areas
Timing: After signing the peace agreement
Implementing Party: Government of Sudan
Source of Funding: Transitional Government of Sudan
Composition:
Location:
Procedures, Method & Criteria: Introducing the necessary policies
Reference article: Articles 106 to 108
Page 203, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Allocate full university and post-graduate scholarships for men and women of the positively discriminated state / region to reverse the impact of wars
Timing: After signing the peace agreement
Implementing Party: Government of Sudan and the state / regional government
Source of Funding: Transitional Government of Sudan
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 108
Page 219, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Issues of education and human resources development
Timing: After final signing of the Peace Agreement
Implementing Party: Government of Sudan and the state/regional government
Funding: Transitional Government of Sudan
Composition:
Procedures: 1- Mandatory and free of charge education 2- Prioritize education of girls
3- Promote local languages
4- Open boarding schools
5- Disseminate professional and vocational education 6- Apply positive discrimination
7- Pay students’ tuition fees
Reference / article: 16, 17, 18, 19, 20, 21 & 22Human rights and equality→Socio-economic rights→Shelter/housingPage 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.4. IDPs and refugees shall enjoy the rights to voluntary return, citizenship, identity, participation, ownership, and housing, as set forth in this Agreement;
Page 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.7. The Parties shall adhere to the following principles and rights of return:
2.7.1.All IDPs and refugees shall have the right to make an informed decision for the voluntary return to their place of origin, homes, or to places or areas of their habitual residence; they shall also have the right to resettle to other places of their choosing, in accordance with the terms of the Agreement, especially those related to the necessary conditions of return;
Page 40, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 3. Property, Housing, and Compensation Rights
3.1. All IDPs and refugees shall enjoy the right to voluntary return to their homes, lands, and property, provided that they be fairly compensated for their losses of homes, lands, or property;
3.2. IDPs and refugees shall enjoy all rights to property, ownership of housing, the freedom of movement and residence, and compensation and reparations, as stipulated in this Agreement;
3.3. If the return of IDPs, refugees, and displaced persons to their homes or lands, or the restoration of their property is impossible, they shall have the right to receive fair compensation for their loss and the psychological damages resulting from forced displacement. The compensation shall be paid by the Compensations and Reparations Fund in accordance with international principles and the right of voluntary return for all IDPs and refugees.
Rights related issues
- CitizenshipRights related issues→Citizenship→Citizen, generalPage 151, TITLE 7. Preambule
Determined to seize this opportunity to achieve just peace, citizenship without discrimination, and put an end to all current wars throughout Sudan, in conjunction with genuine democratization based on the pillars of just peace and citizenship without discrimination;
Page 104-105, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, DELEGATION OF POWERS, 65. The Parties agreed that when delegating powers, the state/regional government shall observe the following:
65.1.Creation of management principles and standards at the level of the Two Areas which stress the rights of citizenship without discrimination; reflect diversity, the multiple cultures, and respect for all languages; and promote national unity.Rights related issues→Citizenship→Citizens, specific rightsPage 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
15. Citizenship shall be the basis of rights and duties with no discrimination on the basis of race, tribe, religion, gender, sex or origin. This does not prevent the existence of laws, programs or activities aimed at improving the conditions of those individuals or groups who have been deprived of their rights based on race, color, religion, or regional or national origin.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
16. The displacement of citizens inside or outside Sudan does not prevent the full exercise of their civil rights.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
18. All Sudanese citizens shall be justly and fairly represented in the civil service, public bodies, institutions, commissions, armed forces and other regular forces at all upper and middle levels.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
19. Darfur citizens shall be guaranteed participation at all levels of government, state institutions, and civil service through equitable power-sharing standards.
Page 28, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL,
General Principles
16. Provision of security and full protection to all citizens.
Page 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.5. IDPs and refugees shall enjoy the same human rights and fundamental freedoms of any citizen in Sudan, including the right to move freely and reside anywhere on Sudanese territory;
Page 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.7. The Parties shall adhere to the following principles and rights of return:
...
2.7.6.Rights and privileges of IDPs and refugees to citizenship and participation shall not be affected due to their status as IDPs or refugees, and their rights and privileges shall be fully restored and guaranteed in Sudan;
Page 41-42, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL,
6. Resettlement and Repatriation Arrangements
6.1.1.Ensuring that IDPs and refugees fully enjoy all the same rights and fundamental freedoms established for all citizens;
Page 156, TTLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 24. Integration
24.9. Criteria for integrating individuals: the criteria for integrating individuals in the military establishment and security institutions shall be as follows:
24.9.1. Sudanese nationality;
Page 156, TTLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 25. The Police
25.1. The Sudanese police force shall be a national professional force that has no affiliation to any single party, group, faction, region, or area. It shall owe allegiance to the homeland. Joining the force shall be guaranteed for all Sudanese people.
Page 157, TTLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 26. The General Intelligence Service
26.1. [...] Joining the General Intelligence Service shall be guaranteed for all Sudanese people in accordance with applicable criteria and parameters.Rights related issues→Citizenship→Citizenship otherPage 10, TITLE 1, 12. Census:
12.1.The Parties agree to conduct a national census in an effective and transparent manner before the end of the transitional period, with international support and oversight. - DemocracyPage 15, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
3. Ending the war and achieving peace in Sudan represents the proper path for the realization of security, stability, and the country’s transition to democratization.
Page 15-16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
10. Power-sharing is significantly important to the unity, security and stability of the country and represents the peaceful transfer of power through free and fair elections, and the transfer of legislative and executive powers as a guarantee of stability and the foundation of democratic governance in Sudan.
11. The separation of executive, legislative, and judicial powers should unite the foundations of good governance, accountability, transparency and commitment to the security and well-being of the people.
12. The Charter of Rights contained in the Constitutional Charter shall be a covenant between all the people of Sudan and between them and their governments at all levels, and there is an obligation on their part to respect and promote the human rights and fundamental freedoms contained in the Charter, which shall be considered the cornerstone of social justice, equality, and democracy in Sudan.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
17. Establishing a system of governance in which the authorities are effectively empowered and responsibilities are fairly distributed, ensuring general and equal participation of all citizens in Sudan.
Page 49, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, Preamble
MINDFUL that the history of Sudan has proven that peace cannot be achieved without democratization and that democratization cannot be achieved without peace.
Page 54, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 14. General Provisions and Principles of the Permanent Ceasefire
14.13.The Parties agree on a permanent ceasefire between all their forces in fulfilment of a broader goal which is to safeguard the final peace agreement, promote the culture of peace and reconciliation, and build confidence and the new democratic system;
Page 110, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, ENVIRONMENT ISSUES, 96. The Parties shall work to establish a strategic partnership between all the stakeholders of the revolution, peace, and democracy to ensure the success of the transitional period.
Page 143, TITLE 5, General Principles
5. The people are the source of authority
Page 104-105, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, DELEGATION OF POWERS, 65. The Parties agreed that when delegating powers, the state/regional government shall observe the following:
...
65.4.Achievement of good governance through democracy, transparency, accountability, and the rule of law at all levels of governance to establish durable peace and economic, social, and political stability.
Page 151, TITLE 7. Preamble
Recalling the efforts exerted towards building a national democratic inclusive state, and the commitment to transitional governance as stipulated in the Constitutional Decree;
Determined to seize this opportunity to achieve just peace, citizenship without discrimination, and put an end to all current wars throughout Sudan, in conjunction with genuine democratization based on the pillars of just peace and citizenship without discrimination; - Detention proceduresPage 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 18. Prohibited Acts
18.19.All acts of hostility, harassment, or intimidation against military personnel or civilians affiliated with the other party, including harassment through unjustified detention;
Page 154, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 20. Prohibited Acts.
20.19. All acts of hostility, harassment, or intimidation against military personnel or civilians affiliated with either party, including harassment through unjustified detention. - Media and communicationRights related issues→Media and communication→Governance of mediaPage 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
...
30.1.11.[To provide] media, media platforms, and publications of the regional government of Darfur;
Page 21, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 31. Concurrent Powers
31.1.The national federal government and the regional government of Darfur shall have the following executive and legislative powers:
...
31.1.13.Wired and wireless communications;
Page 62, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 25. Command and Control Mechanisms
25.9.Code of Conduct
25.9.1.5.No member of the Permanent Ceasefire Committee shall have the right to speak to the press or issue any statements on behalf of the Ceasefire Committee without prior authorization by the chairperson;
Page 73, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 32. The Joint Military Media Committee.
32.1.The Parties agree to establish a Joint Military Media Committee upon signing the final ceasefire agreement, to work together to promote the peace agreement to the community and to create a new spirit between the forces partaking in the reform, development, and modernization of the military and security institutions that include the partners of peace
Page 96, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.20.Mass media, prints, publications, and different media outlets in the state/region.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.52.State/regional print media, publications, and information.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.23.Wired and wireless telecommunication.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.31.National media, national publications, and wired and wireless telecommunication systems.
...
11.38.National telecommunications.
Page 192, TITLE 9, 9. Darfur Track Permanent Ceasefire and Security Arrangements Implementation Matrix
(2) Activity: Form the Joint Media Committee
Timing: D-Day
Implementing Party: The Parties
Funding: Government of Sudan
Procedures: Decision
Reference: Article 32.1Rights related issues→Media and communication→Media rolesPage 7, TITLE 1, 1. General Principles
1.27.Transparency and free access to information shall be guaranteed for all citizens on equal footing, in accordance with the Constitution and as regulated by law.
Page 12, TITLE 1, 18. Combating Racism
18.1.The Parties agree to issue strict legislation criminalizing all kinds of racism and to adopt clear state policies to combat different forms of racial attitudes, discrimination, and manifestations of ethnic and religious supremacy through education curricula, media, and building an integrated societal culture that respects human dignity and upholds the values of equality between human being without discrimination.
Page 73, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 32. The Joint Military Media Committee.
32.2.The civilian population shall remain informed about the gradual implementation of the ceasefire provisions through print, visual, audio, and electronic means of media, wherever possible.Rights related issues→Media and communication→OtherPage 53, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 14. General Provisions and Principles of the Permanent Ceasefire
14.8.The Parties agree to inform commissioned and non-commissioned officers and soldiers of their respective forces of the agreement as a means to promote the permanent ceasefire agreement and to use official media outlets to do so;
Page 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 18. Prohibited Acts
18.5.Hostile propaganda and psychological warfare from within the country or from abroad.
Page 60, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 25. Command and Control Mechanisms
25.6.The Permanent Ceasefire Committee:
25.6.4.7.Disseminate information about this agreement and promote it;
Page 112, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, General and Fundamental Provisions
22. The Parties agree to inform the officers and troops affiliated with their respective armed forces about the agreement as a means to promote the permanent ceasefire agreement and use official media to do so.
Page 218, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Establish the foundations of civil peace
Timing: After final signing of the Agreement
Implementing Party: Government of Sudan
Funding: Government of Sudan
Composition: The High Committee for Implementing the Agreement
Procedures: Review laws and means of implementation thereof, make decisions, hold the necessary workshops and conferences for that purpose and activate the role of media
Reference / article: 11
Page 119, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Permanent Ceasefire Arrangements
60. Code of Conduct
60.5.No member of the Ceasefire Committee shall be allowed to speak to the media or issue statements on behalf of the Ceasefire Committee without prior authorization by the Chairperson.
Page 126, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Integration
95. The Media: A Joint Military Media Committee shall be established that includes all parties to the final security arrangements to work together for the promotion of the peace agreement in general and the security arrangements in particular to the community and to create a new spirit between the forces partaking in the reform, development, and modernization of the military and security institutions, which include the partners of peace. - Mobility/accessPage 42, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 7. International Support
7.2. The Parties shall commit to granting national and international aid organizations full land, air, and sea access to all territories and IDPs to implement the voluntary return and resettlement programs, within the framework of ratified international agreements, and in accordance with national laws;
Page 51, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 9.Guiding principles for the final security arrangements, reform, development and modernization of security sector.
9.3. All agreements on and arrangements for the cessation of hostilities or permanent ceasefire, or for security arrangements and all other reforms shall also serve to facilitate or ensure safe, immediate, and unhindered humanitarian access;
9.4. The Parties shall create appropriate security conditions for the unimpeded flow of humanitarian assistance and goods;
Page 53, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 14. General Provisions and Principles of the Permanent Ceasefire
14.4.The permanent ceasefire agreement must ensure freedom of mobility for people, particularly civilians, commodities, and services across Sudan as well as opening border crossings with neighboring countries in accordance with the agreements signed with them and the necessary security measures;
Page 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 17. Permissible Acts
17.1.7.Humanitarian action by facilitating the flow of relief and humanitarian assistance in accordance with the agreed regulations;
17.1.8.Medical evacuation;
Page 60, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 25. Command and Control Mechanisms
25.6.The Permanent Ceasefire Committee:
25.6.4.11.Facilitate the flow of humanitarian assistance;
25.6.4.12.The Ceasefire Committee shall work with the Parties and the Joint Humanitarian Committee to define specific methods, as necessary, to provide humanitarian assistance to specific areas in coordination with the Humanitarian Assistance Commission. Chairman of the committee shall make any final decisions on the means of the delivery of humanitarian aid in consultation with the Parties.
Page 68, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 29. Security Keeping Force in Darfur.
29.5.Functions of the Security Keeping Force in Darfur.
29.5.9.Creating an appropriate environment for humanitarian action in areas of return for IDPs and refugees by facilitating and protecting access to national, foreign, governmental, and non-governmental aid organizations;
...
29.5.11.Helping to secure a protective environment for civilians through the protection of general prosecution offices, branch police stations, motor and on-foot police patrols, and humanitarian aid convoys;
Page 92, TITLE 3. CHAPTER 2: FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, Confidence-building measures for implementation
57. The Parties commit to immediate implementation of confidence-building measures, including the following:
57.1.Continued implementation of unrestricted and unconditional delivery of relief and humanitarian aid from within and outside of Sudan, as provided for in the Agreement on humanitarian assistance and cessation of hostilities signed on 17 December 2019.
Page 115, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, 38. Humanitarian access during the permanent ceasefire:
38.1.The Parties shall commit to complying with the Humanitarian Assistance Agreement signed by the Transitional Government and the SPLM-N/SRF in Juba on 21 October,
2019.
38.2.The Parties shall commit to ensuring the continuation of safe, immediate and unhindered humanitarian access and the non-obstruction of the flow of humanitarian assistance from within Sudan or across the border for the affected populations.
38.3.The Parties shall commit to ensuring the safety and protection of humanitarian workers, equipment, and property.
38.4.The Parties shall commit to protecting and securing humanitarian assistance from looting, theft, and corruption.
38.5.The Parties shall abide by comprehensive measures that regulate the movement and protection of humanitarian assistance convoys in the Two Areas.
38.6.The Parties shall abide by the principles and spirit of international humanitarian law while enforcing the permanent ceasefire.
Page 125, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Integration
91. Duties of the Joint Police Technical Committee
...
91.16.Protect and secure IDP camps and participate in securing humanitarian assistance routes.
Page 135, TITLE 4. CHAPTER TWO: THE SOCIOECONOMIC ISSUE, General Principles
48. The government shall take the necessary measures to resume shipping and unloading operations and the measures of customs and customs clearance to the states/region of Eastern Sudan;
Page 151, TITLE 7. Definitions
1. Assembly: means the process of moving combatants to selected locations (in accordance with the standards of assembly areas) for the purpose of completing the necessary complementary administrative and military procedures.
Page 153, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 19. Permissible Acts
19.1.3. Socioeconomic activities such as assisting the freedom of movement of people, goods and services.
19.1.4. Freedom of movement for unarmed soldiers in civilian attire who are on leave, on sick leave, or are visiting their families pursuant to an authorization issued by the competent authority.
19.1.5. Supplying non-combat material, such as food, water, medicine, fuel, lubricating oils, office stationary, clothing, and all administrative needs and movements.
...
19.1.9. Routine movements of the Armed Forces, to secure international borders and confront national security threats.
Page 154, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 20. Prohibited Acts.
20.10. Violating human rights and international humanitarian law and obstructing the freedom of movement.
...
20.12. Obstructing the freedom of movement of the oversight and monitoring mechanisms in implementing their mandated tasks.
...
20.15. Individuals can only move after submitting a prior notice and shall move without arms in civilian attire.
Page 183, TITLE 9, 5. Darfur Track: Displaced Persons and Refugees Implementation Matrix
Activity: Grant national and international aid organizations access to all IDP areas
Timing: After signing the Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding:
Composition:
Procedures: Facilitate access procedures
Reference/Article: 7.2 7.3 7.4
Page 221, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Take the necessary measures to resume shipping and unloading operations and customs and customs clearance procedures in states/region of Eastern Sudan
Timing: After ratifying the Peace Agreement
Implementing Party: Government of Sudan and the state/regional government
Funding: Transitional Government of Sudan
Composition:
Procedures: Take measures and decisions on implementation
Reference / article: 47 - Protection measuresRights related issues→Protection measures→Protection of civiliansPage 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 17. Permissible Acts
17.1.9.Routine movements of the Armed Forces, to secure international borders and confront national security threats, that pass through assembly areas and bases of the armed struggle movements’ forces; after informing the Military Ceasefire Committee.
Page 55, TITLE 2. CHAPTER 8 PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 18. Prohibited Acts
18.4.Using force and violence against civilians and subjecting them to maltreatment, including sexual violence against women, which constitutes a violation of international law and relevant domestic law;
...
18.19.All acts of hostility, harassment, or intimidation against military personnel or civilians affiliated with the other party, including harassment through unjustified detention;
Page 62, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.2.The ultimate purpose of the integration process is for the Sudanese Armed Forces, with its new unified military doctrine that protects citizens, the homeland, and the constitution; to be the only professional national army and to integrate all other forces present on Sudanese territory in a unified professional national army;
Page 67, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 28. The General Intelligence Service
28.7.The General Intelligence Service shall have the following competencies:
28.7.1.Preserve the national security of Sudan, protect its constitution, social fabric, and the safety of its citizens from any threat, in coordination with other regular forces;
Page 68, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 29. Security Keeping Force in Darfur.
29.5.Functions of the Security Keeping Force in Darfur.
29.5.1.Undertaking the constitutional, moral, and political responsibility of the Government of Sudan in protecting civilians;
...
29.5.7.Protecting and helping civilians, abiding by international humanitarian law and international human rights law to end violence threatening life and individuals;
Page 75, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 33. Reform, Development, and Modernization of the Military Establishment and Other Security Services
33.5.The Parties agree on the following:
33.5.8.To review the strategic deployment of the Armed Forces to ensure defense of the borders and maintaining the sovereignty of the state;
Page 153, TITLE 7. CHAPTER ONE: PERMANENT WEASEFIRE, 19. Permissible Acts
19.1.9. Routine movements of the Armed Forces, to secure international borders and confront national security threats.
Page 154, TITLE 7. CHAPTER ONE: PERMANENT WEASEFIRE, 20. Prohibited Acts.
20.4. Using force and violence against civilians and subjecting them to maltreatment, including sexual violence against women, which constitute a violation of international law and relevant domestic law.
...
20.19. All acts of hostility, harassment, or intimidation against military personnel or civilians affiliated with either party, including harassment through unjustified detention.Rights related issues→Protection measures→Protection of groupsPage 41, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 4. Suitable Conditions for Return
4.1. With the assistance of the concerned international and domestic institutions, the Parties agree to create the political, economic, social, and security conditions conducive to the voluntary return and acceptable reintegration of IDPs and refugees, without giving preference to any particular group. These conditions shall include, but not be limited to:
...
4.1.11.The Parties shall refrain from attacking, intimidating, or harassing IDPs, refugees or returnees in any way at all times. The human rights of IDPs, refugees and returnees shall be fully respected, with special considerations, protections, and processes for vulnerable groups such as women, children, the elderly, and persons with disabilities.
Page 41, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 5. Humanitarian Aid
5.2. Certain IDPs and refugees, such as children, expectant mothers, mothers with young children, female heads of household, persons with disabilities, and elderly persons, shall be entitled to protection and assistance required by their condition and to treatment which pays heed to their special needs;
Page 42, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 7. International Support
7.4. The Parties shall commit to protecting the safety and security of all foreign government staffs and employees, as well as national and international aid workers and equipment thereof.
Page 43, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 8. Internally Displaced Persons and Refugees Commission
8.6.16.Work with UNAMID/ a third party, UN agencies, relevant national and international agencies, and other international and national aid organizations to ensure proper protection and dignified treatment of IDPs and refugees during the process of return and reintegration or resettlement;
Page 59, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 25. Command and Control Mechanisms
25.4.The Parties agree to designate a 320-person force for the protection of important persons in the Darfur Track within the framework of this agreement after integration, training, and qualification.
Page 66, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 27. The Police
27.13.3.Undertake all internal security operations, including securing strategic and vital facilities and protecting important persons;
Page 67, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 28. The General Intelligence Service
28.7.The General Intelligence Service shall have the following competencies:
28.7.8.Protect important persons and public facilities and secure cities in coordination with other regular forces;
Page 68, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 29. Security Keeping Force in Darfur.
29.5.Functions of the Security Keeping Force in Darfur.
29.5.8.Deploying police forces to secure villages for voluntary return, IDP camps, confirming their civil status, working to disengage parties to tribal conflicts, securing IDP camps in coordination with the management thereof, and preventing recruitment, especially among children;
Page 149, TITLE 6, 3. Development, Services, and Revenues
The Government of Sudan shall commit to the following:
3.2. Establish specialized centers to combat epidemics and endemic diseases in hot areas, as well as maternity and children’s centers.
Page 152, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, Objectives of the Agreement
8. To create an appropriate environment for the voluntary and safe return of IDPs and refugees to their areas of origin.
Page 153, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 20. Prohibited Acts.
20.19. All acts of hostility, harassment, or intimidation against military personnel or civilians affiliated with either party, including harassment through unjustified detention.
Page 157, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 26. The General Intelligence Service
26.3. The General Intelligence Services shall have the following competencies:
26.3.8. Protect important persons and public facilities and secure cities in coordination with other regular forces.
Page 194, TITLE 9, 9. Darfur Track Permanent Ceasefire and Security Arrangements Implementation Matrix
(13) Activity: Arrival of guard force to protect important persons arrives for training
Timing: D-Day + 30
Implementing Party: Armed Struggle Movements
Funding: Government of Sudan
Procedures: Arrival of individuals
Reference: Article 25.4Rights related issues→Protection measures→OtherPage 157, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 26. The General Intelligence Service
26.3. The General Intelligence Services shall have the following competencies:
26.3.1. Preserve the national security of Sudan, protect its constitution, social fabric, and the safety of its citizens from any threat, in coordination with other regular institutions. - OtherPage 209, TITLE 9, 12. Northern Track Implementation matrix
Activity: Activate mechanisms to ensure the respect of human rights
Timing: After signing the agreement
Implementing Party: Government of Sudan
Sources of Funding: Government of Sudan
Composition: -
Procedures: Issue decisions and activate the mechanisms
Reference / article: Article 7 General Principles
Rights institutions
- NHRIRights institutions→NHRI→New or fundamentally revised NHRIPage 109, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, DEVELOPMENT AND RECONSTRUCTION COMMISSION AND MECHANISM, 88. The Ministry of Peace and Human Rights: The Parties agreed to establish a national ministry for peace and human rights.
Page 200, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish a national ministry for peace and human rights
Timing: after signing the peace agreement
Implementing Party: Transitional Government of Sudan
Source of Funding: Transitional Government of Sudan
Composition: Government of Sudan
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 88 - Regional or international human rights institutions
No specific mention.
Justice sector reform
- Criminal justice and emergency lawJustice sector reform→Criminal justice and emergency law→Criminal Justice System reformPage 18, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 28. The Public Prosecution Office
28.1.The Parties agree to undertake institutional reforms in the Public Prosecution Office to appoint/accommodate men and women from Darfur by a percentage of 20% within no more than 6 (six months) from the date of signing the Peace Agreement while taking into consideration standards of competence, qualification, and positive discrimination for the men and women of Darfur.
28.2.The Parties agree that the High Council of the Public Prosecution shall form an independent expert committee concerned with accommodating men and women from Darfur in the Public Prosecution Office in accordance with agreed upon percentages while taking into consideration standards of competence, qualification, and positive discrimination for the men and women of Darfur.
Page 101, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 48. Public prosecution: an independent entity for public prosecution shall be established in the state/region in accordance with national standards.
Page 103, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 49. The judiciary and the public prosecution shall assume their functions in accordance with the regulations governing the national judiciary and public prosecution.
Page 173, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Form an independent expert committee by the High Council of the Public Prosecution concerned with accommodating men and women from Darfur in the Public Prosecution Office
Timing: After signing the Final Agreement
Implementing Party: The Supreme Council of the Public Prosecution
Source of Funding:
Composition:
Procedures: Issue a decision forming the committee
Reference article: 28.2
Page 173, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Appoint/accommodate men and women from Darfur in the public prosecution office at a rate of 20%
Timing: After signing the Final Agreement
Implementing Party: The Attorney General
Source of Funding:
Composition:
Procedures: Issue appointment decisions
Reference article: 28.1Justice sector reform→Criminal justice and emergency law→Delimitation of powers in Criminal Justice SystemPage 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.7.National police, including the criminal investigation department and coordinating bilateral, regional and international criminal affairs and the standards and regulations, including police training standards. - State of emergency provisions
No specific mention.
- Judiciary and courtsPage 7, TITLE 1, 1. General Principles
1.16.Legal reform, restructuring and improving the judicial and legal system, and ensuring the independence of the judiciary and the rule of law are tasks that must be implemented.
Page 10, TITLE 1, 11. Reforming the Justice System:
11.1.The Parties agree on the importance of reforming the justice system so as to restore its professionality, independence, and prestige.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
14. Emphasizing legal reform and review and development of the rights and justice system and ensuring the independence of the judiciary and the rule of law.
Page 17-18, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 26. National Civil Service
26.2.The Parties agree to accommodate the men and women of Darfur in upper and mid-level positions (undersecretaries, ambassadors, members of diplomatic missions, general managers, various administrations and departments in national ministries and commissions, the judiciary, public prosecution, national and semi-national institutions, banks, and the boards of public and semi-public companies) by 20% provided that appointment is made by political decree within 45 (forty-five days) of the date of signing the Peace Agreement.
Page 18, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 27. Judiciary
27.1.The Parties agree to undertake institutional reforms in the judiciary to appoint/accommodate men and women from Darfur at a rate of 20% within no more than 6 (six months) of the date of signing the Peace Agreement while taking into consideration standards of competence, qualification, and positive discrimination for the men and women of Darfur.
27.2.The Parties agree that the Supreme Judicial Council shall form an independent expert committee concerned with accommodating men and women from Darfur in the judiciary in accordance with agreed upon percentages while taking into consideration standards of competence, qualification, and positive discrimination for the men and women of Darfur.
Page 28, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, General Principles
19. Reforming Sudan's justice sector to ensure an independent and impartial judiciary that reflects and reinforces diversity at the federal, regional, state, and local levels without distinction.
Page 38, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12.15.The Fund shall cooperate and coordinate with other commissions established pursuant to this Agreement, especially the Commission for the Return of IDPs and Refugees, the Development and Reconstruction Commission, the Lands and Hawakeer Commission, the Truth and Reconciliation Committee, the Darfur Special Court for War Crimes, and the mechanisms of traditional justice.
Page 47, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 9. Darfur Lands and Hawakeer Commission
9.5. The judicial authority shall establish a special court for the DLHC with the exclusive power to hear appeals of decisions of the DLHC and to register the ownership of lands as decided by the DLHC to any party to the conflict.
Page 53, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 14. General Provisions and Principles of the Permanent Ceasefire
14.6.The Parties must engage judicial and legal bodies, national organizations and the ICRC in the process of releasing war prisoners and other persons detained due to the war and searching for missing persons;
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.6.National judiciary.
Page 102, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 44. The Judiciary: a judicial authority shall be established in the state/region. It shall manage the judiciary and serve justice, including the regulation of courts in accordance with national standards.
Page 103, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 45. Structures of the state/region judicial authority shall consist of the following:
45.1.Circuits of the Supreme Court.
45.2.Court of Appeals.
45.3.General courts.
45.4.District courts.
45.5.Any other courts created by the Chief Justice or the head of the judiciary in the state/region.
Page 103, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 46. The head of the supreme court circuit in the state/region shall be the head of the judiciary in the state/region, or whomever is delegated by the chief justice.
Page 103, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 47. The judiciary in the state/region shall apply national as well as state/regional legislation.
Page 103, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 49. The judiciary and the public prosecution shall assume their functions in accordance with the regulations governing the national judiciary and public prosecution.
Page 103, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 50. Appointing local men/women of the Two Areas in the judicial institutions:
50.1.Local men and women of the Two Areas shall be appointed in judicial institutions at a percentage to be agreed, while observing positive discrimination for the men and women of the state/region, taking into consideration the competence criteria for appointment in judicial institutions, including the judiciary and public prosecution.
50.2.Women and men from the Two Areas shall be appointed as judges on the national Constitutional Court in accordance with the criteria of competency and proficiency.
50.3.Women and men from the Two Areas shall be represented in the National Commission for Judicial Service and/or the Supreme Judicial Council in accordance with the criteria of competence and professionalism.
50.4.Women and men from the Two Areas shall be represented in the High Public Prosecution Council in accordance with the criteria of competence and professionalism.
50.5.One of the deputy chief justices shall be from the Two Areas in accordance with the criteria of competence and professionalism.
50.6.Institutional reform shall be introduced to the justice system at all levels, provided that it is participatory, transparent, and inclusive, especially in the Two Areas due to the wars.
Page 165, TITLE 9, 1. National Issues Implementation matrix
Activity: Reform the justice system
Timing: Continues after signing the Final Agreement
Implementing Party: Government of Sudan
Source of Funding: Government of Sudan
Composition:
Procedures:
Reference article: 11.1
Page 173, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Form an independent expert committee by the Supreme Judicial Council concerned with accommodating men and women from Darfur in the judiciary
Timing: After signing the Final Agreement
Implementing Party: The Supreme Judiciary Council
Source of Funding:
Composition:
Procedures: Issue a decision forming the committee
Reference article: 27.2
Page 173, TITLE 9, 2. Darfur Track: Power Sharing Implementation Matrix
Activity: Appoint/accommodate men and women from Darfur in the judiciary at a rate of 20%
Timing: After signing the Final Agreement
Implementing Party: The Judiciary
Source of Funding:
Composition:
Procedures: Issue appointment decisions
Reference article: 27.1
Page 188, TITLE 9, 7. Darfur Track: Land and Hawakeer Implementation Matrix
Activity: Establish a special court for the DLHC
Timing: Immediately after the establishment of the DLHC
Implementing Party: The Judiciary
Source of Funding:
Composition:
Procedures: Issue a decision to establish the court
Reference/Article: 9.5
Page 195, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Appoint men and women of the Two Areas in the justice system
Timing: Upon commencing implementation of the Final Agreement and continues thereafter
Implementing Party: The Judiciary and the Attorney General
Source of Funding: the Judiciary and the Attorney General
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Articles 50 to 51.5
Page 195, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish the Judiciary in the state / region
Timing: Within 60 days of the date of commencing implementation of the Final Agreement
Implementing Party: The Judiciary
Source of Funding: The Judiciary
Composition:
Location: state / region
Procedures, Method & Criteria: in accordance with the provisions of the Peace Agreement
Reference article: Article 44 to 47
Page 195, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish the public prosecution office in the state / region
Timing: Within 90 days of signing the Final Peace Agreement
Implementing Party: The Attorney General
Source of Funding: The Attorney General
Composition:
Location: state / region
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Articles 48 and 49
Page 195, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Reform the Justice system
Timing: upon signing the peace agreement and continues thereafter
Implementing Party: The Judiciary and the Attorney General
Source of Funding: The Judiciary and The Attorney General
Composition: The Judiciary and the Attorney General
Location:
Procedures, Method & Criteria: Issue decisions
Reference article: Article 50.6 - Prisons and detentionPage 21, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 31. Concurrent Powers
31.1.The national federal government and the regional government of Darfur shall have the following executive and legislative powers:
...
31.1.3.Police, prisons, wild life, and civil defense;
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:
10.1.Powers and competencies of police, prisons, wildlife, civil defense, and customs at the level of the Two Areas.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.17.National prisons. - Traditional LawsPage 7, TITLE 1, 1. General Principles
1.22.Justice, accountability, reconciliation, and transitional justice are critical for ensuring durable peace and security in Sudan. Justice shall be founded on upholding the rule of law, the ratified international human rights conventions, and international humanitarian law, including through mechanisms based on the customs, cultures, and heritage of the Sudanese peoples.
Page 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
...
30.1.27.[To enact] laws based on norms and traditions;
Pages 30-31, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 23. Traditional Justice Mechanisms
23.1.Traditional justice mechanisms in Darfur shall be empowered to penalize individuals who committed offenses related to the conflict or to the perpetuation of intra-tribal and inter-tribal conflicts. The jurisdiction of traditional justice mechanisms shall include all offenses related to the conflicts that fall outside the jurisdiction of the ICC, the Special Court for Darfur Crimes, the national judiciary of Sudan, and the Truth and Reconciliation Committee.
23.2.Traditional justice mechanisms will establish diverse and appropriate penalties that reflect the gravity of the offenses and promote reconciliation, restitution, and compensation for the victims without prejudice to the jurisdiction of the Compensation and Reparations Fund.
23.3.The accused will have the right to plea bargain in exchange for the possibility of a reduced sentence from a traditional justice mechanism. Such a plea bargain may include public written or oral apologies.
23.4.In the interest of witness protection, severe penalties shall be imposed upon those who threaten or commit violence against any witnesses in traditional proceedings.
23.5.Unpaid community service shall be promoted as a favored penalty, particularly for those who make public apologies.
23.6.A committee shall be established to observe and monitor the fulfilment of unpaid community service obligations.
23.7.Traditional justice mechanisms shall refer all cases outside of their jurisdiction to other competent justice mechanisms, including the Special Court for Darfur Crimes, the national judiciary of Sudan, and the Truth and Reconciliation Committee.
23.8.Traditional justice mechanisms shall exercise traditional competencies and shall employ both customary substantive laws and customary procedural rules.
23.9.Respecting the due process rights of the accused and providing timely justice to victims shall be a constant consideration at all stages of proceedings within the traditional justice mechanisms.
23.10.The accused has the right to seek a lawyer.
23.11.Free legal aid shall be provided to the victims and to the defendant for an effective defense in all cases brought before traditional justice mechanisms.
23.12.Local and regional leaders and tribal elders shall oversee the functions of traditional justice mechanisms. Judges and members of justice mechanisms shall be persons of high integrity.
23.13.The Parties shall consult local and regional leaders and civil administrations on how to bestow an official character to traditional justice mechanisms in the national justice system.
Page 38, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12.9.Resolutions to award compensation and reparations issued by the relevant mechanisms to the Compensations and Reparations Fund shall include:
...
12.9.5.Any other traditional forms of compensation.
Page 46, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, General Principles
4. Traditional mechanisms for the possession of lands in Darfur should be taken into consideration in resolving conflicts arising between components of the society.
5. In the event of a conflict between the Sudanese laws and the traditional land possession system (Hawakeer) in Darfur; the said laws shall be amended to include the rights of the lands (Hawakeer) and their use according to the norms, traditions, and inherited practices of land tenure in Darfur.
Page 91-92, TITLE 3. CHAPTR 2: FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, 53. The Parties commit to prioritizing issues of land ownership and land usage in the Blue Nile region / state by:
53.1.Reviewing all contracts, decrees of concessions and allocation of land in the region / state.
53.2.Reviewing customary routes of transhumance, services and homesteading for nomads. 53.3.Securing transhumance routes for nomads and working for their settlement in accordance with customary laws and norms.
Page 96, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.37.To protect traditions and customary law.
Socio-economic reconstruction
- Development or socio-economic reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 19, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles, 29. Educational Institutions
29.1.The Parties agree that war and neglect in Darfur had a direct impact on the deterioration of the quality of education and the low level of educational attainment. Hence, such imbalance calls for correction based on the principle of positive discrimination, according to the following policies:
29.1.1.Reconsider admission eligibility criteria for universities and public high institutes, and introduce positive discrimination to admission policies while allocating 15% in the following specializations: medicine, veterinary, animal production, medical laboratories, public health, radiology, pharmacology, engineering and all scientific disciplines among those admitted to public universities and higher institutes in Sudan and no less than 50% with regards to public universities and high institutes in Darfur to the students of Darfur for a minimum of ten years.
29.1.2.The Parties agree to the exemption of tuition fees for all men and women of Darfur studying in public universities in Darfur for a period of ten years as of the date of signing the comprehensive Peace Agreement.
29.1.3.In furtherance of positive discrimination policies, the Parties agree to the exemption of tuition fees for all men and women of Darfur studying in public universities outside the Darfur Region in the disciplines of medicine, veterinary, animal production, medical laboratories, public health, radiology, pharmacology, engineering and all scientific disciplines for a period of ten years as of the date of signing the comprehensive Peace Agreement provided that students admitted by the end of the said period shall be exempted from tuition fees until the end of their education.
Page 19, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles, 29. Educational Institutions
29.1.4.The Parties agree on introducing a system for fund allocation from the Government of Sudan to public universities in the Darfur Region to rehabilitate and improve the academic environment, expand admission, and nationalize some important disciplines.
29.1.5.The Parties agree to the formation of a joint committee comprising the Transitional Government of Sudan (Ministry of Higher Education, Ministry of Finance) and relevant authorities in the Darfur Region to undertake the following tasks:
29.1.5.1.Introduce specific policies aimed at uplifting higher education in the universities of Darfur including the situation in disciplines related to social and economic development.
29.1.5.2.The committee shall identify standards and criteria for the exemption of IDPs, refugees, and nomads from tuition fees when they are admitted to public universities outside Darfur Region.
Page 19-20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles, 29. Educational Institutions
29.2.The Federal Government of Sudan and the regional government shall introduce and implement development plans to improve educational institutions in Darfur, along with the provision of grants, scholarships and training, to remedy the imbalance of access to basic, secondary and university education in Darfur, with the aim to upgrade education in Darfur and enable it to take its position at national levels of admission in educational institutions and accomplishments at all levels.
29.3.20% of the grants, scholarships, qualification and training opportunities inside Sudan or abroad shall be allocated to the men and women of Darfur.
29.4.Budgets shall be allocated for establishing and supporting institutes of vocational training and technical and craft education to accommodate education gaps and dropouts.
29.5.Establish pedagogical schools and institutes while introducing the necessary plans for addressing the crisis of educational gaps due to war inside and outside the Region.
29.6.Eliminate all obstacles to extracting university diplomas for students who completed studying in universities and higher institutes by virtue of previous peace agreements.
Page 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
...
30.1.4.To plan services in Darfur Region, including health, education and welfare of citizens;
...
30.1.9.[To regulate] public facilities of the Region;
30.1.10.[To undertake] reconstruction and development of the Darfur Region;
30.1.13.[To undertake] urban and rural planning;
30.1.14.[To provide] emergency and firefighting services;
...
30.1.23.[To establish/regulate] nurseries, primary and secondary schools, and private education;
...
30.1.25.[To manage/maintain] public libraries, museums, cultural and heritage sites, and other historical sites in the region;
Page 21, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 31. Concurrent Powers
31.1.The national federal government and the regional government of Darfur shall have the following executive and legislative powers:
...
31.1.2.Social and economic development in Darfur Region;
...
31.1.4.Health policies;
31.1.5.Urban development, planning, and housing;
...
31.1.7.Public service provision;
...
31.1.15.Relief, resettlement, rehabilitation and reconstruction;
...
31.1.28.Setting education policies and scientific research;
Page 23, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, General Principles
4. The Parties emphasize the importance of mobilizing the necessary local, regional, and international support to restore what had been destroyed by the war, to rehabilitate the infrastructure, and to implement reconstruction and development programs as provided for in this Agreement.
Page 25, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 17. Darfur Reconstruction and Development Commission
17.1.A commission for the reconstruction and development of Darfur shall be established within ninety (90) days of the date of signing the Peace Agreement. The headquarters of the Commission shall be in one of the cities of the region and it shall have the right to create branches in other cities when the need arises, provided that all assets belonging to the funds established for development and reconstruction by previous peace agreements be transferred to this commission. The Commission shall continue the projects that have been initiated thereunder in addition to new projects;
17.2.The Commission may seek the assistance of experts to revise and develop corrective measures for the work of the Fund and evaluate the implementation of previous development projects;
17.3.The Parties shall agree on the structure and mechanisms of the Commission for the Reconstruction and Development of Darfur pursuant to the principles stipulated in the Peace Agreement;
17.4.The Commission shall develop its own work regulations, rules and procedure, and decision-making processes under this agreement.
Page 25-26, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 18. Functions of the Reconstruction and Development Commission
18.1.Completing ongoing projects or funding new projects;
...
18.3.Providing basic services, including the inputs of education, health, drinking water, veterinary hospitals, and police stations in areas of voluntary return;
...
18.7.Improving livestock to produce competitive products in domestic and international markets;
18.8.Planting wheat, fodder, and other winter products by utilizing water from the Nubian basin and introducing mixed agriculture into the north of the region to resettle herders and prevent tension that arises between them and farmers when they migrate southward, in search of water and grass;
...
18.10.Investing in mining to produce more materials;
18.11.Providing resources for micro-financing to increase the productivity of households in general, and households of IDPs and refugees specifically;
18.12.Training and building the capacity of women and youth to enable them to be catalysts of production;
18.13.Creating projects that generate job opportunities for the population of the region.
Page 26, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 18. Functions of the Reconstruction and Development Commission
19. Development Projects
19.1.Existing development projects shall be prioritized to receive funds from the Darfur Reconstruction and Development Fund and from international aid sources.
19.2.Revaluate, reassess, rehabilitate, and reactivate existing development projects.
Page 28-29, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 29. The Darfur Peace Support and Sustainable Development Fund
29.1.The parties agree to establish a peace support fund called the Darfur Peace Support and Sustainable Development Fund, within 60 (sixty days) of the date of signing the Peace Agreement, provided that it fulfils its duties in a period of 10 (ten years) as of the date of its establishment.
29.2.The Parties shall agree on the organizational and functional structure of the Darfur Peace Support and Sustainable Development Fund in accordance with the parameters provided for in the Agreement.
29.3.The Fund shall develop its own regulations, rules of procedures, and decision-making methods under this Agreement.
29.4.The successive governments of Sudan shall commit to seek, along with the international and regional communities, to provide the necessary support for development and reconstruction projects in Darfur.
29.5.The Fund shall have the following functions:
29.5.1.Soliciting domestic and foreign support for funding peace-related projects in Darfur.
29.5.2.Funding commissions and mechanisms established by virtue of the Darfur Peace Agreement as well as any other needs related thereto.
29.6.In addition to Darfur’s share from the funds transferred by the National Commission for the Division, Allocation and Monitoring of Financial Resources and Revenue, the Government of Sudan shall commit to pay 750,000,000 (seven hundred fifty million US Dollars) annually for a period of ten years to the Darfur Peace Support and Sustainable Development Fund to fund the implementation of the Peace Agreement in Darfur.
29.7.The Government of Sudan commits to filling the necessary financial gap for the implementation of the Peace Agreement in Darfur.
29.8.The Government of Sudan commits to providing 100,000,000 (one hundred million US Dollars) within one month of the date of signing this Agreement.
Page 38, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12.15.The Fund shall cooperate and coordinate with other commissions established pursuant to this Agreement, especially the Commission for the Return of IDPs and Refugees, the Development and Reconstruction Commission, the Lands and Hawakeer Commission, the Truth and Reconciliation Committee, the Darfur Special Court for War Crimes, and the mechanisms of traditional justice.
Page 40-41, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL
4. Suitable Conditions for Return
4.1. With the assistance of the concerned international and domestic institutions, the Parties agree to create the political, economic, social, and security conditions conducive to the voluntary return and acceptable reintegration of IDPs and refugees, without giving preference to any particular group. These conditions shall include, but not be limited to:
...
4.1.3.Demining of areas of return and access routes to markets, schools, health services, sanitation, and any other place;
...
4.1.5.Constructing adequate shelters in the return villages and areas of voluntary return, as well as the necessary health and education infrastructure;
...
4.1.8.Guaranteed subsistence for all returnees, especially food, potable water, and health supplies;
...
4.1.10.The Parties shall work with the international community to provide all possible assistance to IDPs, refugees and war-affected persons to enable the returning families and individuals to reestablish their lives and livelihoods in local communities. This assistance shall include, but not be limited to, short-term repatriation funding, ensuring the continuity of humanitarian aid throughout the return and resettlement period, rebuilding damaged or destroyed infrastructure, building new roads and infrastructure in rural areas, rehabilitating local agrarian lands, and providing education and job training programs;
Page 41-42, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 6. Resettlement and Repatriation Arrangements
6.1. The Parties shall introduce a comprehensive resettlement and repatriation strategy with the following objectives:
...
6.1.2.Reintegrating IDPs and refugees and creating the conditions that will allow them to participate fully in the economic, social, political, and cultural development of the country;
Page 45, TITLE 2. CHAPTER 6: DEVELOPMENT OF THE NOMADS AND HERDEERS SECTOR IN THE DARFUR REGION PROTOCOL, 8. The Commission shall develop strategies to address the following issues:
8.1. Organization of nomad movement and opening routes to achieve complementarity between agricultural and pastoral activities and organize the relation between farmers and herders in coordination with local authorities and community-based administration.
8.2. Development of livestock by applying technical packages, importing animal breeds to improve species, and adopting quality over quantity standards to save efforts spent on managing large unproductive herds that ruin pastures and destroy the natural environment.
8.3. Establishment of service and production centers along nomad routes (Dumur and Sawani) and paving the way for gradual voluntary settlement.
8.4. Promotion and development of the processing of animal products by building the capacity of producers in dairy and leather industries to develop production and ensure competition in the market.
...
8.6. Spread seeds of grassy vegetation along nomad routes to rebuild the natural environment and provide pastures.
8.7. Provision of veterinary services via mobile units.
8.8. Advancement of the nomad community through education, establishing schools, introducing boarding school systems, and literacy units.
8.9. Development of traditional skills in handcrafting fields such as the wool industry and others.
8.10.Development of positive values in nomad communities by promoting the spirit of solidarity and collecting popular heritage and literature.
...
8.12.Building reservoirs, wells, dams, water stations, and groundwater wells along the routes.
Page 51, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 9.Guiding principles for the final security arrangements, reform, development and modernization of security sector.
9.6. Establishing security forces and a single national army trusted by the local communities across Sudan, especially in the conflict areas, is a key element to establishing peace, security, and sustainable development in Sudan;
Page 94, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT, General Principles
6. Addressing the root causes of conflicts shall be a key requirement necessary for peacebuilding and sustainable development.
Page 96, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.12.To borrow money for the purposes of development and construction from national bodies with the guarantee of the state/regional government.
9.13.To plan for regional government services including health, education, and welfare among other services.
Page 130, TITLE 4, Preamble
Pursuing inclusive, just and sustainable development nationwide;
Page 140, TITLE 4. CHAPTER 2: THE SOCIOECONOMIC ISSUE, Reviewing Previous Rights and Projects
82. The Government shall commit to reviewing all internal local, regional and international investment agreements in the state/region including mining, agriculture, ports, electricity, water, construction and others. and development projects which were reached between 30 June 1989 and the date of signing the present agreement and reviewing the studies that were prepared for those projects through a legal-economic committee and joint expert bodies;
83. The Parties agreed to review all usurped rights of those afflicted by the policies of the defunct regime in accordance with the law;
84. The Parties agreed to hold a conference to discuss and find solutions for issues of industry, agriculture and investment and in Eastern Sudan. The conference shall be held in one of the eastern states and its committees and papers shall be determined by a joint committee by both Parties;
Page 145, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 11. Working to address all the issues of resettlement in the villages of the New Hamdab (al- Multaqa), through the following:
11.3.Completing the procedures of rehabilitating the lake agricultural project;
...
13. Working toward the establishment of development projects to encourage people to return to the region/ northern states.
...
16. The Government shall commit to carrying out the necessary feasibility studies and reviewing past ones to establish economic and service projects in order to achieve balanced development and endeavoring to find the necessary funding to achieve the following:
...
16.3.Establishing educational institutions and rehabilitating educational and health institutions;
...
16.7.Endeavoring to repatriate the nomads in the states of the Nile River and the Northern State by providing all basic services and granting them with the ownership of agrarian and residential lands.
Page 145, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 19. Encouraging the establishment of cooperatives (both productive and consumer ones) and reviewing and amending relevant laws and granting them with wider privileges so as to enable them to contribute to the economy.
Page 149, TITLE 6. Preamble
PURSUING inclusive, fair, and sustainable development nationwide;
Page 149, TITLE 6. 2. Agricultural Issues
The Government of Sudan shall commit the rehabilitation of the agricultural industry, including by developing and revitalizing the national projects and their revenues in accordance with the law on resource allocation and the priority of the nation and taking into account the particulars of each project in accordance with the laws and agreements.
Page 149-150, TITLE 6. 3. Development, Services, and Revenues
The Government of Sudan shall commit to the following:
3.1.To provide comprehensive development services by establishing socioeconomic
development priorities for the rural areas in order to address the displacement crisis that has affected the central areas and address the large percentage of marginalized workers, particularly the youth of both sexes in the cities of the central states.
...
8. The Government of Sudan confirms the creation of a special fund to support the peace called (The Reconstruction Fund for Development and Peace); the largest proportion of which is dedicated to support production, particularly agricultural production and funding projects with a quick return [on investment] and improving the skills of the producers by concentrating on the [sectors of] preferential advantage of each state.
Page 154, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 20. Prohibited Acts.
20.17. Forces may not object to any social, humanitarian, or societal services provided by the competent authorities.Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistancePage 21, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 31. Concurrent Powers
31.1.The national federal government and the regional government of Darfur shall have the following executive and legislative powers:
...
31.1.15.Relief, resettlement, rehabilitation and reconstruction;
Page 28-29, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 29. The Darfur Peace Support and Sustainable Development Fund
...
29.4.The successive governments of Sudan shall commit to seek, along with the international and regional communities, to provide the necessary support for development and reconstruction projects in Darfur.
Page 36, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, General Principles
7. Without prejudice to the principle of positive discrimination as set forth in the Peace Agreement, distribution of humanitarian aid, the restitution of resources and property, and the award of compensation and reparations in accordance with this Agreement, shall take place without discrimination on the basis of gender, language, tribe, ethnicity, religion, party affiliation, geographic location, status as a displaced or formerly displaced person/refugee, or any other basis.
Page 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.6. Aid for conflicts-affected persons shall be distributed without discrimination based on gender, language, race, ethnicity, religion, party affiliation, geographic location, color, or any other discriminatory grounds.
Page 41, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL
4. Suitable Conditions for Return
4.1. With the assistance of the concerned international and domestic institutions, the Parties agree to create the political, economic, social, and security conditions conducive to the voluntary return and acceptable reintegration of IDPs and refugees, without giving preference to any particular group. These conditions shall include, but not be limited to:
...
4.1.10.The Parties shall work with the international community to provide all possible assistance to IDPs, refugees and war-affected persons to enable the returning families and individuals to reestablish their lives and livelihoods in local communities. This assistance shall include, but not be limited to, short-term repatriation funding, ensuring the continuity of humanitarian aid throughout the return and resettlement period, rebuilding damaged or destroyed infrastructure, building new roads and infrastructure in rural areas, rehabilitating local agrarian lands, and providing education and job training programs;
Page 49, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, Preamble
MOTIVATED by our deep awareness of the urgent need for final security arrangements that address the root causes of war and build a rapid plan of action to address the humanitarian crisis in Sudan in general and in Darfur in particular and to provide for the necessary relief and aid, rehabilitate, save, protect, and voluntarily resettle IDPs and refugees.
Page 51, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 9.Guiding principles for the final security arrangements, reform, development and modernization of security sector.
9.2. The Parties shall remain continuously committed to addressing the humanitarian situation in Darfur as a critical and necessary element of the effort to move forward with final security arrangements and security sector reform and development as part of the broader reforms within the Sudanese peace process;
9.3. All agreements on and arrangements for the cessation of hostilities or permanent ceasefire, or for security arrangements and all other reforms shall also serve to facilitate or ensure safe, immediate, and unhindered humanitarian access;
9.4. The Parties shall create appropriate security conditions for the unimpeded flow of humanitarian assistance and goods;
Page 53, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 13. Elements required in the permanent ceasefire agreement
13.1.7.Request for, coordination with, and facilitation of international aid for the implementation of the ceasefire;
Page 53, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 14. General Provisions and Principles of the Permanent Ceasefire
14.7.The Parties must commit to providing and facilitating humanitarian assistance by creating conditions that encourage provision of urgent humanitarian assistance to the homeless, IDPs, refugees, and affected persons and their right to voluntary return to their areas of origin;
Page 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 17. Permissible Acts
17.1.7.Humanitarian action by facilitating the flow of relief and humanitarian assistance in accordance with the agreed regulations;
17.1.8.Medical evacuation;
Page 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 18. Prohibited Acts
18.14.Acts of violence and attacks against personnel of international organizations and humanitarian aid organizations;
...
18.17.Assembly area forces may not object to any social, humanitarian, or societal services provided by the competent authorities;
Page 56, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 20. Humanitarian access during the permanent ceasefire:
20.1.The Parties shall commit to complying with the Humanitarian Assistance Agreement signed in Juba on 21 October 2019;
20.2.The Parties agree to activate the Humanitarian Committee established under the Cessation of Hostilities Agreement, which shall work in coordination with the Ceasefire Committee; 20.3.The Parties agree to ensure safe, immediate, and unhindered humanitarian access and to not obstruct the flow of humanitarian assistance from within Sudan or across the border for the affected populations.
20.4.The Parties shall commit to ensuring humanitarian access immediately upon entry into force of the permanent ceasefire.
20.5.In cooperation with a third party, the Parties shall ensure the safety and protection of humanitarian workers.
20.6.The Parties shall commit to protecting and securing humanitarian assistance from looting, theft, and corruption.
20.7.The Parties shall commit to opening humanitarian tracks.
20.8.The Parties agree on comprehensive measures that shall regulate the movement and protection of humanitarian assistance convoys in the states/region of Darfur.
20.9.Facilitate the work of all humanitarian organizations in Darfur to ensure the effective and efficient provision of assistance through the Humanitarian Assistance Commission.
20.10.The Joint Humanitarian Committee shall submit a report to the Ceasefire Committee on the fulfilment and accomplishment of its mandated tasks.
Page 57, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 21. The Preparatory Phase of the Ceasefire:
21.6.2.Define buffer zones and humanitarian assistance routes around assembly areas;
Page 60, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 25. Command and Control Mechanisms
25.6.The Permanent Ceasefire Committee:
25.6.4.11.Facilitate the flow of humanitarian assistance;
25.6.4.12.The Ceasefire Committee shall work with the Parties and the Joint Humanitarian Committee to define specific methods, as necessary, to provide humanitarian assistance to specific areas in coordination with the Humanitarian Assistance Commission. Chairman of the committee shall make any final decisions on the means of the delivery of humanitarian aid in consultation with the Parties.
Page 62, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.5.The Parties agree to keep the integrated forces of the armed struggle movements in Darfur for a period of (40) forty months from the date of the signing of this agreement, which may be extended if deemed necessary for security and humanitarian reasons in the region. After this period, the forces shall be deployed according to the strategic deployment plan of the Armed Forces.
...
26.7.The Parties agree to establish a Joint High Council chaired by the commander-in-chief of the Armed Forces, with the membership of the commander of Rapid Support Forces, Minister of Defense, Minister of the Interior, the Chief of Staff, the Director General of
the Police, Director General of the General Intelligence Service, head of the Military Intelligence Authority and heads of the armed struggle movements for supervision, monitoring, evaluation, and follow up on the implementation of integrating the forces of the armed struggle movements and evaluating the security and humanitarian situation in Darfur. The Joint High Council shall hold periodic meetings. It shall, among other functions, form a mechanism to address the issue of war prisoners and missing persons of both Parties.
Page 68, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 29. Security Keeping Force in Darfur.
29.5.Functions of the Security Keeping Force in Darfur.
29.5.9.Creating an appropriate environment for humanitarian action in areas of return for IDPs and refugees by facilitating and protecting access to national, foreign, governmental, and non-governmental aid organizations;
...
29.5.11.Helping to secure a protective environment for civilians through the protection of general prosecution offices, branch police stations, motor and on-foot police patrols, and humanitarian aid convoys;
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.51.[To undertake] disaster preparedness, provision of aid, and combat epidemics in the state/region.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.3.Provision of urgent humanitarian assistance.
...
10.5.Reconstruction and sustainable development programs.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.25.Relief.
Page 112, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, General and Fundamental Provisions
21. The Parties shall commit to providing and facilitating humanitarian assistance, by creating conditions that encourage the provision of urgent humanitarian assistance to the homeless, IDPs, refugees and affected persons and that ensure their right to voluntary return to their areas of origin.
Page 113, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Permanent Ceasefire Arrangements
29. Permissible Acts: Due to the wide-scale damage and adverse effects of the war, the main principle underlying the permissible acts shall be the removal of the effects of war on civilians and affected areas, and to encourage public support for peace. The permissible acts shall include:
…
29.7.Humanitarian action, through facilitating the flow of relief and humanitarian assistance in accordance with the agreed regulations.
Page 114, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Permanent Ceasefire Arrangements
34. The Parties agree that the phases of the final security arrangements shall include the following:
34.1.Continuation of the cessation of hostilities for humanitarian purposes, in accordance with the provisions of the Agreement on the Provision of Humanitarian Assistance and Cessation of Hostilities in the Blue Nile and southern Kordofan/ Nuba Mountains signed in Juba on 21 October 2019.
Page 115, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, 38. Humanitarian access during the permanent ceasefire:
38.1.The Parties shall commit to complying with the Humanitarian Assistance Agreement
signed by the Transitional Government and the SPLM-N/SRF in Juba on 21 October,
2019.
38.2.The Parties shall commit to ensuring the continuation of safe, immediate and unhindered humanitarian access and the non-obstruction of the flow of humanitarian assistance from within Sudan or across the border for the affected populations.
38.3.The Parties shall commit to ensuring the safety and protection of humanitarian workers, equipment, and property.
38.4.The Parties shall commit to protecting and securing humanitarian assistance from looting, theft, and corruption.
38.5.The Parties shall abide by comprehensive measures that regulate the movement and protection of humanitarian assistance convoys in the Two Areas.
38.6.The Parties shall abide by the principles and spirit of international humanitarian law while enforcing the permanent ceasefire.
Page 153, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 19. Permissible Acts
19.1.7. Humanitarian action by facilitating the flow of relief and humanitarian assistance in accordance with the agreed regulations.
19.1.8. Medical evacuation.
Page 154, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 20. Prohibited Acts.
20.14.Acts of violence and attacks against personnel of international organizations and humanitarian aid organizations.
...
20.17. Forces may not object to any social, humanitarian, or societal services provided by the competent authorities.
Page 182, TITLE 9, 5. Darfur Track: Displaced Persons and Refugees Implementation Matrix
Activity: Provide urgent humanitarian assistance and basic amenities
Timing: After establishment of IDP and Refugees Commission
Implementing Party: The Federal Government of Sudan, Darfur State/Regional governments, and IDPs and Refugees Commission with the help of the concerned international and domestic institutions
Source of Funding: IDP and Refugees Commission
Composition:
Procedures: Identify needs and solicit and provide assistance
Reference/Article: 5.1 5.2
Page 183, TITLE 9, 5. Darfur Track: Displaced Persons and Refugees Implementation Matrix
Activity: Establish administrative committees to monitor and assess the needs and facilitate delivery of humanitarian assistance to IDPs
Timing: After establishment of IDP and Refugees Commission
Implementing Party: IDP and Refugees Commission
Source of Funding: IDP and Refugees Commission
Composition:
Procedures: Issue decision to form the committees
Reference/Article: 5.3
Page 193, TITLE 9, 9. Darfur Track Permanent Ceasefire and Security Arrangements Implementation Matrix
(6) Activity: Activate the Humanitarian Committee established under the Cessation of Hostilities Agreement
Timing: D-Day + 7
Implementing Party: The Parties
Funding: Government of Sudan
Composition: The Parties
Procedures: Decision
Reference: Article 20.2Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstructionPage 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
...
30.1.24.[To manage/maintain] roads and public transportation within the Region;
Page 21, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 31. Concurrent Powers
31.1.The national federal government and the regional government of Darfur shall have the following executive and legislative powers:
...
31.1.11.Electricity generation and water and waste management;
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31.1.32.Development of airports in the Region;
Page 23, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, General Principles
4. The Parties emphasize the importance of mobilizing the necessary local, regional, and international support to restore what had been destroyed by the war, to rehabilitate the infrastructure, and to implement reconstruction and development programs as provided for in this Agreement.
Page 25, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 17. Darfur Reconstruction and Development Commission
17.1.A commission for the reconstruction and development of Darfur shall be established within ninety (90) days of the date of signing the Peace Agreement. The headquarters of the Commission shall be in one of the cities of the region and it shall have the right to create branches in other cities when the need arises, provided that all assets belonging to the funds established for development and reconstruction by previous peace agreements be transferred to this commission. The Commission shall continue the projects that have been initiated thereunder in addition to new projects;
17.2.The Commission may seek the assistance of experts to revise and develop corrective measures for the work of the Fund and evaluate the implementation of previous development projects;
17.3.The Parties shall agree on the structure and mechanisms of the Commission for the Reconstruction and Development of Darfur pursuant to the principles stipulated in the Peace Agreement;
17.4.The Commission shall develop its own work regulations, rules and procedure, and decision-making processes under this agreement.
Page 25-26, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 18. Functions of the Reconstruction and Development Commission
18.1.Completing ongoing projects or funding new projects;
18.2.Reconstructing schools, hospitals, health centers, water sources, and other vital institutions that have been destroyed by the war;
...
18.4.Providing the basic services set forth in Paragraph (18.2) in areas of resettlement for those who inhabited the lands of others illegally;
18.5.Building reservoirs and dams in Darfur’s main valleys to harvest water for drinking and agriculture, in addition to the provision of water and its networks for key cities in the region;
18.6.Providing the region with an electricity grid that covers urban and rural areas and that is sufficient for industrial needs;
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18.9.Linking the region with a network of roads that facilitates the maintenance of security and movement of products to the markets within and outside the region.
Page 41, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 4. Suitable Conditions for Return
4.1. With the assistance of the concerned international and domestic institutions, the Parties agree to create the political, economic, social, and security conditions conducive to the voluntary return and acceptable reintegration of IDPs and refugees, without giving preference to any particular group. These conditions shall include, but not be limited to:
...
4.1.5.Constructing adequate shelters in the return villages and areas of voluntary return, as well as the necessary health and education infrastructure;
4.1.6.Rehabilitating damaged property, public facilities, farms, pastures, and agrarian lands, etc;
...
4.1.10.The Parties shall work with the international community to provide all possible assistance to IDPs, refugees and war-affected persons to enable the returning families and individuals to reestablish their lives and livelihoods in local communities. This assistance shall include, but not be limited to, short-term repatriation funding, ensuring the continuity of humanitarian aid throughout the return and resettlement period, rebuilding damaged or destroyed infrastructure, building new roads and infrastructure in rural areas, rehabilitating local agrarian lands, and providing education and job training programs;
4.1.12.The Government of Sudan and international partners shall ensure the reconstruction and restoration of permanent housing and other property of IDPs and refugees planning to return or be resettled.
Page 43, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 8. Internally Displaced Persons and Refugees Commission
8.6.5.Collect data concerning the numbers of IDPs and refugees willing to return, areas of origin, distance from the border, availability of housing, economic and social infrastructure in the areas of return and resettlement, and projected needs for rehabilitation/reconstruction to ascertain the most effective means for the return of displaced persons;
Page 75, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 33. Reform, Development, and Modernization of the Military Establishment and Other Security Services
33.5.The Parties agree on the following:
33.5.10.To undertake logistic preparation of operation fields including constructing roads, airports, heliports, marine bases, defense sites, command and control centers, and water and power sources among other things;
Page 92, TITLE 3. CHAPTER 2: FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, Confidence-building measures for implementation
57.4.Establishing a Reconstruction and Rehabilitation Fund for the Two Areas with the full participation of all the peoples of the Two Areas in management and reconstruction. This Fund should be part of the National Reconstruction and Rehabilitation Fund for the war- affected areas in Sudan.
Page 96, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.19.To reconstruct and develop the state/region.
Page 96, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.32.[To regulate] non-international and national heliports within the framework of civil aviation laws.
9.33.[To manage] roads, bridges and public transportations within the state/region.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.53.[To manage] resettlement, rehabilitation, and reconstruction of the state/region.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.5.Reconstruction and sustainable development programs.
Page 110, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, NATIONAL PROJECTS IN THE STATE/REGION, 100. While observing national policy in the field of electricity, the Blue Nile State/Region shall be given favorable privileges and prioritized in terms of power supply, sale, and use.
Page 113, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE'S LIBERATION MOVEMENT - NORTH/ THE SUDAN REVOLUTIONARY FRONT, Permanent Ceasefire Arrangements
29. Permissible Acts: Due to the wide-scale damage and adverse effects of the war, the main principle underlying the permissible acts shall be the removal of the effects of war on civilians and affected areas, and to encourage public support for peace. The permissible acts shall include:
...
29.2.Development activities such as opening and constructing roads, restoring bridges, crossings, railroads, airports, heliports and river navigation lines;
Page 138, TITLE 4. CHAPTER TWO: THE SOCIOECONOMIC ISSUE, Developing and Managing Natural Resources and Infrastructure
50. The Federal Government shall work on achieving the balanced, integrated and sustainable development goals in coastal areas of historic, economic and national importance and the fisheries and marine resources thereof and ensuring their protection and development;
51. The government shall work on reviewing financing policies for specialized banks, especially in the domain of agriculture;
52. In the context of positive discrimination, the government shall build internal paved roads which constitute an important piece of infrastructure for the desired development in Port Sudan, Kassala and Al-Qadarif, in addition to airports and heliports;
53. Paying attention to tourism in the region as an important resource for the economy by improving the necessary infrastructure and reviewing investment laws;
54. Addressing the problems of electricity in the state/region and improving the sources of energy by introducing sources of alternative energy and linking rural areas on the red sea, Kassala and al-Qadarif with the national grid.
55. The Government shall commit to addressing the problem of water in Port Sudan definitively from the Nile and al-Qadarif through Setit Dam and Kassala water harvesting projects;
56. Studying the establishment of free zones at the borders with neighboring countries;
57. Regulating traditional mining and addressing the resulting adverse environmental impacts and maintaining the rights of local communities;
58. The Parties agreed to allocate 30% of the Federal government’s net revenue from mineral and oil resources extracted from the states/Region of Eastern of Sudan for the benefit of these states/Region for a period of seven years
Page 145, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 16. The Government shall commit to carrying out the necessary feasibility studies and reviewing past ones to establish economic and service projects in order to achieve balanced development and endeavoring to find the necessary funding to achieve the following:
16.1.Building the two canals of Merowe Dam, eastern Hajar al-Asal agricultural project, alHawad agricultural project, al-Tabnah agricultural project, west of al-Goled project and establishing the Nile drinking water plants;
16.2.Rehabilitating and delivering electricity to all agricultural projects in the two states/ region;
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16.4.Seeking to finish work on national and local roads and build and rehabilitate bridges, railways and airports in the two states/region;
16.5.Endeavoring to finish electricity projects in the two states/ region and to establish conversion plants and increase the share of the state/region in electricity supply, including the provision of electricity to the villages of the local option area and Abu Hamad;
16.6.Endeavoring to rehabilitate governmental factories present in the two states/region according to available resources and planning new industrial and craftsmanship cities as needed.
Page 147, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 31. Providing the necessary services and working to build the infrastructure for the people opting for the local option of the locals of Amri and studying the possibility of establishing development projects for them.
Page 154, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 19. Permissible Acts
19.1.2. Development activities such as constructing roads and restoring bridges, crossings, railroads, airports and heliports.
Page 185, TITLE 9, 5. Darfur Track: Displaced Persons and Refugees Implementation Matrix
Activity: Implement programs to reconstruct and repair destroyed or damaged homes
Timing: After establishing the IDPRC
Implementing Party: IDPRC in coordination with relevant commissions and bodies
Source of Funding: IDPRC
Composition:
Procedures: Institute programs
Reference/Article: 8.6.10
Page 185, TITLE 9, 5. Darfur Track: Displaced Persons and Refugees Implementation Matrix
Activity: Implement programs to rebuild public utilities and other infrastructure
Timing: After establishing the IDPRC
Implementing Party: IDPRC in coordination with relevant commissions and bodies
Source of Funding: IDPRC
Composition:
Procedures: Institute and implement programs
Reference/Article: 8.6.11
Page 200, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish a national fund for reconstruction and development
Timing: after signing the peace agreement
Implementing Party: Transitional Government of Sudan
Source of Funding: Transitional Government of Sudan
Composition: Government of Sudan
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 89 to 91
Page 201, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Restructuring the two funds for the reconstruction and rehabilitation of the Two Areas
Timing: after signing the peace agreement
Implementing Party: Transitional Government of Sudan and the state / regional government
Source of Funding: Transitional Government of Sudan
Composition: Government of Sudan and the state / regional government
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 90 & 91
Page 201, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Address national projects in the state / region
Timing: After signing the peace agreement
Implementing Party: Transitional Government of Sudan and the state / regional government
Source of Funding: Transitional Government of Sudan and the state / regional government
Composition: The Parties
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Articles 97 to 100
Page 221, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Develop and manage natural resources and the infrastructure
Timing: After ratifying the Peace Agreement
Implementing Party: Government of Sudan
Funding: Transitional Government of Sudan
Composition:
Procedures: Institute policies and studies, make decisions, and review laws
Reference / article: 49, 50, 51, 52, 55 and 56
Page 221, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Address energy problems
Timing: After ratifying the Peace Agreement
Implementing Party: Government of Sudan and the state/regional government
Funding: Transitional Government of Sudan
Composition:
Procedures: Institute policies and studies and make decisions
Reference / article: 53
Page 221, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Address water problems in the states/region of Eastern Sudan
Timing: After ratifying the Peace Agreement
Implementing Party: Government of Sudan and the state/regional government
Funding: Transitional Government of Sudan
Composition:
Procedures: Institute policies and studies and make decisions
Reference / article: 54 - National economic planPage 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.29.National economic planning and policies.
Page 150, TITLE 6. 3. Development, Services, and Revenues
The Government of Sudan shall commit to the following:
8. The Government of Sudan confirms the creation of a special fund to support the peace called (The Reconstruction Fund for Development and Peace); the largest proportion of which is dedicated to support production, particularly agricultural production and funding projects with a quick return [on investment] and improving the skills of the producers by concentrating on the [sectors of] preferential advantage of each state.
Page 139, TITLE 4. CHAPTER TWO: THE SOCIOECONOMIC ISSUE, The East Development Fund
72. The Federal Government shall commit to reviewing the Eastern Sudan Reconstruction and Development Fund seeking the assistance of experts; introducing a law for the Fund and restructuring it, provided that the parties of the Eastern Track are on its board of directors.
73. The Parties agreed to consult on the appointment of the executive director of the East Development Fund.
74. The resources of the Fund shall be allocated from the public treasury, donors and any other legitimate sources.
75. The Parties agree that the Government shall allocate an initial amount of 348,000,000 (three hundred forty-eight million US Dollars only), provided that this amount is deducted from the share of Eastern Sudan in the national resources. This shall be considered part of the positive discrimination;
76. The Parties agree to establish the National Eastern Sudan Bank;
77. The return of collective work and revitalizing cooperative work and competition in the labor market;
78. Paying attention to manufacturing and small industries through the creation of service, professional, industrial, agricultural and other cooperatives and providing legal, immaterial and financial support;
79. Facilitating the procedures for the input of means of production and marketing and removing the obstacles;
80. Mainstreaming the cooperative sector to provide the necessary and consumer needs. Controlling prices and providing subsidized commodities and preventing the monopoly of essential commodities;
81. The Parties affirm that every individual shall have the right to ownership or possession in accordance with the law and that usurped rights shall be returned to their legitimate owners by the law. - Natural resourcesPage 21, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 31. Concurrent Powers
31.1.The national federal government and the regional government of Darfur shall have the following executive and legislative powers:
...
31.1.12.Natural resources;
Page 23, Title 2: CHAPTER 2: WEALTH SHARING PROTOCOL, General Principles
2. All lands and natural resources in Sudan regions/states, including Darfur, shall be resources for the good of all the people of Sudan.
...
10. Development of sound foundations for sharing wealth generated from oil, natural gas, and other natural resources in Sudan and directing them to meet the needs of development and the reconstruction of Sudan’s regions/states in general, while prioritizing the marginalized and war-affected regions/states, and paying special attention to the environment.
11. Those foundations shall include the sustainable use of non-renewable resources, such as oil, natural gas, and other fossil fuels, in accordance with the interest of the afflicted regions/states and locals in those areas, while taking into consideration best practices for the environment, including the Guidelines for the Conservation of Bio-Diversity and the Principles of Safeguarding Cultural Heritage.
Page 26-27, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 21. Sources of exclusive revenue for the Government of Darfur Region/States: The Government of Darfur Region/States shall have the following exclusive sources of revenue:
...
21.20.Share of the region/states from oil revenue and revenue of other resources;
Page 27, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 22. Natural Resources
22.1.The Sudanese people shall own the natural resources found on and under its soil. The people of the regions/states in which such resources are found or extracted shall have special rights that must be met according to specific agreements and percentages thereon.
Page 27, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 23. Management of Natural Resources
23.1.The regions/states shall be a genuine partner with the federal government in managing natural resources extracted from their lands throughout all the phases of allotment, awarding, contracting, production, and marketing. The regions/states shall hold primary responsibility for the preservation of their environment and shall be entitled to impose conditions to ensure its environmental integrity and that extraction processes do not encroach on the health of citizens.
23.2.The federal government and governments of the regions/states shall pay heed to the rights of future generations in the arrangements for and allocation of natural resource extraction by investing a specific percentage of the revenue of extracted resources for the good of those generations.
23.3.The federal government and governments of the regions/states shall be responsible for utilizing natural resources therein and managing them transparently, justly, and fairly.
23.4.The federal government and governments of the regions/states shall identify natural resources, the manner and timing of their utilization, issuance of excavation and extraction licenses, negotiation of sales contracts and revenue-sharing with the investing firms, withdrawal of licenses and revocation of contracts, planning of the overall resource development, ensuring workers’ health and safety, and environment protection.
Page 27-28, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 24. Status of Current and Future Contracts and Agreements for the Extraction of Natural Resources
24.1.The Region of Darfur and other regions/states, in cooperation with the federal government, shall be entitled to review all existing natural resource extraction contracts within their respective territories. Upon review, they shall be entitled to make adjustments to these contracts to ensure the fair and equitable allocation of revenue, as well as sufficient environmental protections.
24.2.Regions/states whose natural resources will be extracted shall participate in the negotiation of and approve any new contracts or agreements in relation to the exploration, extraction, and production of natural resources within the borders of their respective regions/states. Any such contracts shall be governed by regulations adopted by the regions/states, in addition to the applicable regulations adopted by the federal government.
24.3.When allotting public lands in Darfur or granting utilization concessions for the extraction of natural resources, the inhabitants of the land shall be consulted before land utilization and they shall be adequately compensated.
Page 28, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 25. Allocation of Revenue Generated from Natural Resources
25.1.The Parties agree to allocate 40% of the nation’s net revenue from mineral and petroleum resources located in Darfur to the region for a period of ten years.
25.2.The Darfur Region shall allocate 3% of the revenue from natural resources for local population in areas from which these resources are extracted.
Page 44, TITLE 2. CHAPTER 6: DEVELOPMENT OF THE NOMADS AND HERDEERS SECTOR IN THE DARFUR REGION PROTOCOL, General Principles
3. Introducing alternative policies, legislation, institutions, and mechanisms which meet the needs of herders and nomads in the exercise of their right to use land and natural resources.
Page 91-92, TITLE 3. CHAPTER 2: FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, 50. The Parties commit to ensuring that the administration and management of the natural resources of Blue Nile shall be under the authority of the federal government and the Blue Nile regional / state government and all the revenues generated from natural resources should be distributed between the regional / state government and the central government in accordance with the provisions of this Agreement and with the following requirements:
50.1.A certain percentage of the revenues from the Roseires Dam and other revenues from natural resources present in the area shall be allocated for the development of the region / state.
50.2.The Parties agree that the transitional government of Sudan shall return all the lands that were taken away from the administrative authority of the Blue Nile region / state, in particular the Northwest triangle of Eastern Agadi and the Dinder National Park in a way that protects the interests of humans, fauna and flora, and biodiversity, natural resources of the park once it is proven it belongs to the Blue Nile region / state.
51. The Parties commit to prioritizing the reconstruction and rehabilitation of the Blue Nile region / state economically and developmentally by:
51.1.Building irrigation schemes using water of the Roseires dam for agricultural projects in the region / state.
51.2.Providing access to electricity for the local population of Blue Nile region/state at low prices.
51.3.Providing compensation for those who were negatively affected by the construction and heightening of the Roseires Dam in the Blue Nile region / state.
52. The Parties need to rectify the historic lack of representation of the residents of the Blue Nile region / state in the governance structure of Sudan through positive discrimination in the federal government and national civil service.
53. The Parties commit to prioritizing issues of land ownership and land usage in the Blue Nile region / state by:
53.1.Reviewing all contracts, decrees of concessions and allocation of land in the region / state.
53.2.Reviewing customary routes of transhumance, services and homesteading for nomads.
53.3.Securing transhumance routes for nomads and working for their settlement in accordance with customary laws and norms.
53.4.Reviewing contracts and mining concessions in the Blue Nile region / state, particularly those for chrome, gold and asbestos, and remedying the shortcomings in contracts, their environmental impact, the compensation and rights of the region / state, as stipulated in the provisions of resource-sharing for the Two Areas.
Page 95, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.4. To address issues of land and compensation and review contracts related to lands, mining, and agricultural and industrial projects, in accordance with the provisions of the Final Peace Agreement.
Page 96, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.24.[To manage] lands and resources of the state/region in accordance with what has been agreed.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.61.Forestry of the state/region.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.12.Review the contracts and decisions to award lands and mining projects and [provide] compensations in the Two Areas.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.24.Natural resources.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.27.Quarries regulations.
Page 100, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT, 16. Wealth Sharing in the Two Areas:
16.1.For a period of ten years, the state/regional government shall receive forty percent (40%) of income from the revenue of natural resources, extracted wealth from the state/region, tax revenue from the state/region, and taxes levied in the state/region, with the remaining sixty percent (60%) going to the national government.
16.2.The fixed percentage or any other appropriate option the Parties agree on shall be determined in a conference involving the Parties, stakeholders of the Two Areas population, and the mediator at the end of the transitional period.
17. When the state/regional government collects the joint taxes and other imposed levies, it shall deduct its own percentage and transfer the percentage for the national government to the public treasury.
18. The percentage of taxes and expenses related to the development of natural resources within the state/region to be distributed to areas and localities within the state/region shall be regulated by the law adopted by the state/regional legislative council.
Page 109, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, DEVELOPMENT AND RECONSTRUCTION COMMISSION AND MECHANISM, 92. The Parties agree to establish a joint committee to regulate, oversee, and monitor the activities of mining, petroleum, and the use of underground resources in the Two Areas and address the environmental and social impacts of such activities, in accordance with national policies and the wealth sharing provisions of this Agreement, while observing the principles of transparency, inclusivity, and participation.
Page 138, TITLE 4. CHAPTER TWO: THE SOCIOECONOMIC ISSUE, Developing and Managing Natural Resources and Infrastructure, 50. The Federal Government shall work on achieving the balanced, integrated and sustainable development goals in coastal areas of historic, economic and national importance and the fisheries and marine resources thereof and ensuring their protection and development;
51. The government shall work on reviewing financing policies for specialized banks, especially in the domain of agriculture;
52. In the context of positive discrimination, the government shall build internal paved roads which constitute an important piece of infrastructure for the desired development in Port Sudan, Kassala and Al-Qadarif, in addition to airports and heliports;
53. Paying attention to tourism in the region as an important resource for the economy by improving the necessary infrastructure and reviewing investment laws;
54. Addressing the problems of electricity in the state/region and improving the sources of energy by introducing sources of alternative energy and linking rural areas on the red sea, Kassala and al-Qadarif with the national grid.
55. The Government shall commit to addressing the problem of water in Port Sudan definitively from the Nile and al-Qadarif through Setit Dam and Kassala water harvesting projects;
56. Studying the establishment of free zones at the borders with neighboring countries;
57. Regulating traditional mining and addressing the resulting adverse environmental impacts and maintaining the rights of local communities;
58. The Parties agreed to allocate 30% of the Federal government’s net revenue from mineral and oil resources extracted from the states/Region of Eastern of Sudan for the benefit of these states/Region for a period of seven years.
Page 149, TITLE 6. Preamble
CONVINCED of the necessity of the fair allocation of resources and wealth to establish peace;
Page 178, TITLE 9, 3. Darfur Track: Wealth Sharing Implementation Matrix
Activity: Partnership in managing natural resources
Timing: Continues after signing the Final Agreement
Implementing Party: Darfur regional/ states government in cooperation with The Federal Government
Source of Funding:
Composition:
Procedures:
Reference article: 23.1 24.2 24.3
Page 178, TITLE 9, 3. Darfur Track: Wealth Sharing Implementation Matrix
Activity: Review all existing contracts on natural resources extracted from Darfur territories
Timing: After signing the Final Agreement
Implementing Party: The Regional Government in partnership with the Federal Government
Source of Funding:
Composition:
Procedures:
Reference article: 24.1
Page 178, TITLE 9, 3. Darfur Track: Wealth Sharing Implementation Matrix
Activity: Allocate 40% of the state’s net revenue from mineral and petroleum resources located in Darfur to the benefit of the region for a period of 10 years
Timing: After signing the Agreement and for period of 10 years
Implementing Party: Federal Government of Sudan
Source of Funding:
Composition:
Procedures:
Reference article: 25.1
Page 178, TITLE 9, 3. Darfur Track: Wealth Sharing Implementation Matrix
Activity: Allocate no less than 3% of the revenue generated from natural resources for local population in areas from which these resources are extracted
Timing: After signing the Agreement and for period of 10 years
Implementing Party: Darfur regional/ state government
Source of Funding:
Composition:
Procedures:
Reference article: 25.2
Page 196, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish a joint committee to regulate, oversee, and monitor the activities of mining, petroleum
Timing: Within 60 days of forming the state / regional government
Implementing Party: Transitional Government of Sudan & state / regional government
Source of Funding:
Composition: The Parties
Location: State/region
Procedures, Method & Criteria:
Reference article:Article 16.1 & 92
Page 196-197, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Share wealth generated from the revenue of natural resources and wealth extracted, tax revenue and taxes levied within the state/region.
Timing: Within 60 days of forming the state / regional government
Implementing Party: Transitional Government of Sudan & state/regional government
Source of Funding:
Composition: Government of Sudan & state / regional government
Location:
Procedures, Method & Criteria:
Reference article: Articles 16.1
Page 204, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Address adverse side effects of oil excavation and gold mining activities
Timing: After forming the state / regional government
Implementing Party: Transitional Government of Sudan and the state / regional government
Source of Funding: Transitional Government of Sudan and the State / Regional Government
Composition:
Location: the Two Areas
Procedures, Method & Criteria:
Reference article: Article 48.3
Page 204, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Review contracts and projects of mining chromium, gold, and asbestos
Timing: After forming the state / regional government
Implementing Party: Transitional Government of Sudan and the state / regional government
Source of Funding: Transitional Government of Sudan and the State / Regional Government
Composition:
Location: the Two Areas
Procedures, Method & Criteria:
Reference article: Article 54.4
Page 211, TITLE 9, 12. Northern Track Implementation matrix
Activity: Regulate and control mining and address its adverse impacts
Timing: After ratifying the peace agreement
Implementing Party: Government of Sudan
Sources of Funding: Government of Sudan
Composition: Government of Sudan
Procedures: Enact the necessary laws
Reference / article: Article 17 and its subparagraphs (Northern Track Issues)
Page 220, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Develop and manage natural resources and the infrastructure
Timing: After ratifying the Peace Agreement
Implementing Party: Government of Sudan
Funding: Transitional Government of Sudan
Composition:
Procedures: Institute policies and studies, make decisions, and review laws
Reference / article: 49, 50, 51, 52, 55 and 56 - International fundsPage 12, TITLE 1, 15. Sudan Partners Conference to Support the Transitional Period and Peace:
15.1.The Parties agree to immediately include the signatory parties to the peace agreement in the political and technical mechanism undertaking the preparation of the Sudan partners’ conference to support the transitional period and peace.
15.2.The Government of Sudan shall commit to holding a donor conference in which pledges made therein shall be allocated for supporting the implementation of the peace agreement.
Page 26, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 18. Functions of the Reconstruction and Development Commission
19. Development Projects
19.1.Existing development projects shall be prioritized to receive funds from the Darfur Reconstruction and Development Fund and from international aid sources.
Page 26-27, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 21. Sources of exclusive revenue for the Government of Darfur Region/States: The Government of Darfur Region/States shall have the following exclusive sources of revenue:
...
21.21.Central support, grants, and foreign aid through the national government;
Page 28, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 26. Grants and Loans
26.1.The Darfur Region shall be entitled to receive assistance in the form of grants or loans from states and international and regional organizations via the federal government while providing sovereign guarantees.
Page 28-29, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 29. The Darfur Peace Support and Sustainable Development Fund
...
29.4.The successive governments of Sudan shall commit to seek, along with the international and regional communities, to provide the necessary support for development and reconstruction projects in Darfur.
29.5.The Fund shall have the following functions:
29.5.1.Soliciting domestic and foreign support for funding peace-related projects in Darfur.
Page 42, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 7. International Support
7.1. The Parties shall request the international community to provide financial, technical, and material support and resources to ensure that the voluntary return and resettlement processes takes place fully, efficiently, and with respect to the dignity and safety of returnees;
Page 48, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 11. Funding
11.1.The DLHC shall be funded by the Darfur Peace Support and Sustainable Development Fund for a period of 10 (ten years) from the date of this Agreement.
11.2.The Parties shall work together to receive assistance from the international community in funding the operations of the DLHC.
11.3.The period during which the Government of Sudan shall provide funding to the DLHC shall not be an indication or identification of the mandated term of DLHC.
Page 51, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 9.Guiding principles for the final security arrangements, reform, development and modernization of security sector.
9.11.The Parties shall work together to request from the international community technical, material, and financial assistance necessary for successful implementation of the Cessation of Hostilities for Humanitarian Purposes, a permanent ceasefire, DDR, and peacebuilding;
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.54.To negotiate and conclude international and regional agreements, in the fields of education, culture, sports, trade, loans, grants, and technical assistance with foreign governments and foreign non-governmental organizations, without contravening national policies and in coordination with the competent federal authorities.
Page 100, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT, 21. Share of the state/region from annual national revenue:
21.1.Based on national standards and the principle of positive discrimination, the national government shall pay to the state/region its allocated share from annual national resources, foreign aid, support and relief as well as other financial aid for advancing development.
Page 101, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT, 24. Foreign Investment: the state/regional government shall be entitled to regulate foreign investments within its jurisdiction in coordination with the competent national institutions.
Page 108, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, DEVELOPMENT AND RECONSTRUCTION COMMISSION AND MECHANISM, 83. Sources of Funding for the Commission:
83.1.The Transitional Government of Sudan.
83.2.Friends of Sudan from among the regional and international donor states.
83.3.The UN and other relevant organizations.
83.4.Any other appropriate source of funding.
Page 109, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, DEVELOPMENT AND RECONSTRUCTION COMMISSION AND MECHANISM, 91. The Parties shall solicit regional and international support and assistance from different donors and funding bodies.
Page 109, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GENERAL PROVISIONS, 105. The Parties agree to establish a fund concerned with the affairs of martyrs and wounded persons in the Two Areas within three months from the date of signing this Agreement provided that the Federal Government contribute to its funding and solicit foreign and domestic funding for that purpose.
Page 166, TITLE 9, 1. National Issues Implementation matrix
Activity: Hold the Conference of Sudan Partners for support of the transitional period and peace
Timing: After signing the Final Agreement
Implementing Party: Transitional Government of Sudan and Parties of the peace process signatory to this Agreement
Source of Funding: Transitional Government of Sudan and other international parties
Composition:
Procedures: Establish the joint political and technical mechanism
Reference article: 15.1
Page 166, TITLE 9, 1. National Issues Implementation matrix
Activity: Hold a donor conference to support the Peace Agreement
Timing: Within 90 days of the date of signing the Final Agreement
Implementing Party: Transitional Government of Sudan and Parties of the peace process signatory to this Agreement
Source of Funding: Transitional Government of Sudan and other international parties
Composition:
Procedures:
Reference article: 15.2
Page 192, TITLE 9, 7. Darfur Track: Land and Hawakeer Implementation Matrix
Activity: Request assistance of the international community for funding
Timing: After signing the Final Agreement
Implementing Party: The Parties
Source of Funding:
Composition:
Procedures:
Reference/Article: 11.2
Page 199, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish the commission for the voluntary return for IDPs and refugees in the state / region
Timing: after establishing of the national commission of the voluntary return for IDPs and refugees
Implementing Party: the state / regional government
Source of Funding: Transitional Government of Sudan and donors
Composition: the state / regional government
Location: the state / regional government
Procedures, Method & Criteria:
Reference article: Articles 76 to 83
Page 200, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish the commission for transitional justice and reconciliation in the state / region
Timing: after establishing the national commission
Implementing Party: The state / regional government
Source of Funding: government of Sudan and donors
Composition: the state / regional government
Location: state / region
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 85
Page 200, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish the commission for religious freedoms in the state / region
Timing: After establishing of the national commission
Implementing Party: the state / regional government
Source of Funding: Government of Sudan and donors
Composition: the state / regional government
Location: state / region
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 86
Page 200, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish the Commission for the Development of the Nomads, Herders, and Farmers Sector in the state / region
Timing: After establishing of the national commission
Implementing Party: the state / regional government
Source of Funding: Government of Sudan and donors
Composition: the state / regional government
Location: state / region
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 87
Page 202, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Integrate the Peace Agreement of the Two Areas into the Constitutional Charter
Timing: Ten days after signing the Final Peace Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding: Transitional Government of Sudan and partners of peace
Composition: The Parties
Location:
Procedures, Method & Criteria: Through a joint committee by The Parties, in accordance with the provisions of the Peace Agreement
Reference article: Article 112
Page 202, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Hold small conferences in the Two Areas to prepare and draft the constitution
Timing: Before holding the national constitutional conference
Implementing Party: state / regional government
Source of Funding: state / regional government and donors
Composition: state / regional government
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 104
Page 202-203, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish a fund concerned with affairs of martyrs and wounded persons
Timing: Within 90 days of the date of signing the Peace Agreement
Implementing Party: state / regional government
Source of Funding: Transitional government of Sudan, state / regional government and donors
Composition: state / regional government
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 105
Page 223, TITLE 9, 15. Eastern Track Implementation matrix
Activity: The Eastern Development Fund
Timing: After ratifying the Peace Agreement
Implementing Party: Government of Sudan
Funding: Transitional Government of Sudan, donors, and any other sources
Composition: The Parties
Procedures: Issue decisions to select experts, enact a law and restructure the Eastern Sudan Reconstruction and Development Fund. Issue a decision after consultation between the Parties to establish the board of directors, provided that the Parties are on the board, and appoint the executive director.
Reference / article: 70, 71 and 72 - BusinessPage 13, TITLE 1, 25. Sudanese National Business Sector
25.1.The Parties agree that the Transitional Government of Sudan shall, within the framework of its economic and developmental program, commit to economic legislation and policies conducive to promoting the role of the private sector in development and to developing and establishing a productive partnership between the government and civil society based on solid foundations.
Page 17-18, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 26. National Civil Service
26.2.The Parties agree to accommodate the men and women of Darfur in upper and mid-level positions (undersecretaries, ambassadors, members of diplomatic missions, general managers, various administrations and departments in national ministries and commissions, the judiciary, public prosecution, national and semi-national institutions, banks, and the boards of public and semi-public companies) by 20% provided that appointment is made by political decree within 45 (forty-five days) of the date of signing the Peace Agreement.
Page 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
...
30.1.20.[To regulate] regional businesses and enterprises;
Page 21, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 31. Concurrent Powers
31.1.The national federal government and the regional government of Darfur shall have the following executive and legislative powers:
...
31.1.6.Commerce, industry, and industrial development;
...
31.1.16.Proposing and negotiating international and regional agreements on culture, sports, trade, investments, loans, grants, and technical assistance without prejudice to federal and regional legal systems;
...
31.1.27.Cross-border trade;
Page 23, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, General Principles
6. The Parties understand that the sources of wealth stipulated in this Agreement do not only mean direct state revenues, but include opportunities of income generation from employment in the private and public sectors, the return of investment in different areas, the revenues of border trade returns, grants and loans, and other sources of income.
Page 96, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.27.To manage trade and regulate businesses and licenses in the state/region.
9.28.[To regulate] commercial businesses and local projects.
...
9.31.[To enact] laws related to agriculture, industry, and services in the state/region.
Page 97, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.49.Trade, industry, and industrial development in the state/region.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.37.Foreign trade.
Page 138, TITLE 4. CHAPTER TWO, THE SOCIOECONOMIC ISSUE, General Principles,
49. Reviewing investment laws and simplifying procedures
Page 139, TITLE 4. CHAPTER TWO: THE SOCIOECONOMIC ISSUE, The East Development Fund
77. The return of collective work and revitalizing cooperative work and competition in the labor market;
78. Paying attention to manufacturing and small industries through the creation of service, professional, industrial, agricultural and other cooperatives and providing legal, immaterial and financial support;
Page 141, TITLE 4. CHAPTER TWO: THE SOCIOECONOMIC ISSUE, The Economic Conference
84. The Parties agreed to hold a conference to discuss and find solutions for issues of industry, agriculture and investment and in Eastern Sudan. The conference shall be held in one of the eastern states and its committees and papers shall be determined by a joint committee by both Parties;
Page 153, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 19. Permissible Acts
19.1.3. Socioeconomic activities such as assisting the freedom of movement of people, goods and services.
Page 168, TITLE 9, 1. National Issues Implementation matrix
Activity: Promote the national business sector in development
Timing: After signing the Final Agreement
Implementing Party: Government of Sudan
Source of Funding:
Composition:
Procedures: Issue legislation and develop economic policies
Reference article: 25.1
Page 212, TITLE 9, 12. Northern Track Implementation matrix
Activity: Improve and encourage cross- border trade and crossings
Timing: After ratifying the peace agreement
Implementing Party: Government of Sudan and local and international environmental organisations
Sources of Funding: Government of Sudan
Composition:
Procedures:
Reference / article: Article 22 (Northern Track Issues) - TaxationSocio-economic reconstruction→Taxation→Power to taxPage 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
...
30.1.7.To collect taxes and incomes exclusive to the regional government of Darfur;
Page 23, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, General Principles
7. Disbursement of all the Zakat money collected in the regions/states inside the respective regions/states through their various disbursement channels.
Page 24, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 12. National Revenue
12.1.The Government of Sudan shall have the authority to generate revenue from all sources of wealth in the country;
12.2.There should be definitive identification and clear separation between the sources of revenue of the federal government and the sources of revenue of the regions/states to avoid disputes and ensure good production and management of resources.
Page 24, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 13. National Revenue Fund
13.1.A national fund for revenue shall be established and regulated by a law wherein all national financial revenue is deposited. It shall be the only institution for depositing revenue.
Page 25, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 16. Revenue of the Darfur Region/States
16.1.The Region/states of Darfur shall have the right to generate its own revenue and receive revenue from tax and non-tax related sources, including from the allocations of the National Commission for the Division, Allocation, and Monitoring of Financial Resources and Revenue; the National Revenue Fund; revenue from taxation and different fees (sales taxes, private business, in addition to their share of the value-added tax and the betterment levy, licensing fees, works fees); and the return of their investments and border trade; their share from the sale of extracted natural resources, aid, grants and loans, in accordance with federal policy and the provisions of this Agreement;
16.2.The government of the Darfur Region/States shall have the exclusive authority to determine how best to spend revenue generated or received;
16.3.The government of the Darfur Region/States shall have the power to spend its own revenue for effective governance and fulfillment of its obligations as stipulated in the Peace Agreement;
16.4.The government of the Darfur Region/States shall develop policies and regulations and determine how best to spend revenue based on the interest of the region/states, common good, environment protection, and the interests of local population without conflicting with national policies and the provisions of the Peace Agreement.
Page 26-27, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 21. Sources of exclusive revenue for the Government of Darfur Region/States: The Government of Darfur Region/States shall have the following exclusive sources of revenue:
21.1.Tax on the lands of the region/states;
21.2.Revenue;
21.3.Property tax;
21.4.Social services fees;
21.5.Consumer service fees;
21.6.Licensing fees;
21.7.State/regional personal income tax;
21.8.State/regional professionals’ tax;
21.9.State/regional tax on individual business profit;
21.10.Indirect taxes;
21.11.State/regional production tax;
21.12.State/regional share of taxes on border trade;
21.13.Tax on agricultural production;
21.14.Tax on animals;
21.15.State/regional seal duties;
21.16.State/regional tourism tax;
21.17.State/regional tax on recreational places;
21.18.Revenue of national parks in the states/region;
21.19.Revenue of state/regional projects and investments;
21.20.Share of the region/states from oil revenue and revenue of other resources;
21.21.Central support, grants, and foreign aid through the national government;
21.22.Domestic and foreign loans and borrowing in accordance with the credit rating and in line with the national economic policy;
21.23.Any other taxes and sources of revenue that do not contravene with the taxing power of the national government.
Page 42, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 7. International Support
...
7.3. The Parties shall refrain from levying taxes on workers, goods, or services provided by foreign governments or domestic or international aid organizations, within the framework of national laws and regulations and international agreements;
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.56.To exercise the right to collect revenue and spend funds in the state/region.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:
10.1.Powers and competencies of police, prisons, wildlife, civil defense, and customs at the level of the Two Areas.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.20.Issues related to taxation, ownership, and economic planning which require joint decisions or implementation between the state/regional government and the national government.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.19.Customs duties, taxes, and export commitments.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.32.National taxes and improving national income.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.41.Value added tax.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT, 13. The state/regional government shall be entitled to pass legislation to collect revenues and fees from the sources below:
13.1.Tax on personal income in the state/region.
13.2.Business profits tax in the state/region.
13.3.Service fees in the state/region.
13.4.Service fees on petroleum fuels.
13.5.The state/regional government projects and businesses.
13.6.Foreign grants and aid without contravening national policy and national sovereignty.
13.7.Tax on sales, services, and production in the state/region.
13.8.Loans and borrowing in accordance with the national macroeconomic policy.
13.9.Licenses in the state/region.
13.10.Tourism fees in the state/region.
13.11.Service fees on the products of natural and forestry resources in the state/region.
13.12.Stamp fees in the state/region.
13.13.Fees on cross-border trade in the state/region, without contravening national policies.
13.14.The state/region share of central support.
13.15.Taxes on agriculture, animals, and veterinary quarantines in the state/region.
13.16.Any other fees in accordance with the constitution.
Page 100, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT, 15. Accounting Standards:
15.1.The state/regional government shall abide by the approved accounting and financial accountability standards to ensure that public funds are allocated and spent according to the budget allocated to them.
15.2.Income and revenue collected by the state/regional government shall be deposited in public accounts subject to public auditing, accounting, and review.
15.3.The law shall regulate adopted accounting procedures, standards, and financial accountability.
15.4.All accounts of the state/regional government shall be subject to auditing and verification as regulated by law.
15.5.Distribution of the local tax revenue.
Page 100, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT, 16. Wealth Sharing in the Two Areas:
16.1.For a period of ten years, the state/regional government shall receive forty percent (40%) of income from the revenue of natural resources, extracted wealth from the state/region, tax revenue from the state/region, and taxes levied in the state/region, with the remaining sixty percent (60%) going to the national government.
16.2.The fixed percentage or any other appropriate option the Parties agree on shall be determined in a conference involving the Parties, stakeholders of the Two Areas population, and the mediator at the end of the transitional period.
17. When the state/regional government collects the joint taxes and other imposed levies, it shall deduct its own percentage and transfer the percentage for the national government to the public treasury.
18. The percentage of taxes and expenses related to the development of natural resources within the state/region to be distributed to areas and localities within the state/region shall be regulated by the law adopted by the state/regional legislative council.
Page 196-197, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Share wealth generated from the revenue of natural resources and wealth extracted, tax revenue and taxes levied within the state/region.
Timing: Within 60 days of forming the state / regional government
Implementing Party: Transitional Government of Sudan & state/regional government
Source of Funding:
Composition: Government of Sudan & state / regional government
Location:
Procedures, Method & Criteria:
Reference article: Articles 16.1Socio-economic reconstruction→Taxation→Reform of taxationPage 101, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT, 25. Zakat: The system of the Zakat Bureau and its aspects of spending must be reviewed at the national, state/regional level, so as to comply with the changes brought about by the glorious December revolution, provided that this resource is directed as a social resource for the benefit of those entitled.
Page 197, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Review the Zakat Bureau
Timing: Within 90 days of commencing implementation of the Final Agreement.
Implementing Party: Transitional government of Sudan & state / regional government
Source of Funding:
Composition:
Location:
Procedures, Method & Criteria:
Reference article: Article 25Socio-economic reconstruction→Taxation→OtherPage 13, TITLE 1, 22. The National Revenue Fund
22.1.A National Revenue Fund in which all revenues and financial returns are deposited shall be established. It shall be regulated by law and be the sole institution for depositing revenues.
Page 12, TITLE 1, 23. The National Commission of Resources and Financial Revenue Sharing and Allocation
23.1.By virtue of a law, a commission for the division, allocation, and monitoring of financial revenues shall be established in accordance with the standards to be agreed upon. The commission shall be chaired by an independent person appointed by the Prime Minister.
The law shall ensure fair representation of the regions/states therein.
23.2.A law activating the commission shall be issued within no more than ninety (90) days of signing the peace agreement.
23.3.The Commission shall commit to ensuring transparency, remedying the imbalances in the allocation of national revenues, and distributing those revenues on a horizontal and vertical basis fairly among Sudan’s various regions, particularly regions affected by the war and cumulative historical grievances. The commission shall further ensure that neither the federal government nor any other party shall be deprived from receipt of their financial entitlements and shall ensure timely disbursement as agreed.
Page 168, TITLE 9, 1. National Issues Implementation matrix
Activity: Establish the National Revenue Fund
Timing: After signing the Final Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding: Transitional Government of Sudan
Composition:
Procedures: Issue a decision and a law establishing the Fund
Reference article: 22.1
Page 168, TITLE 9, 1. National Issues Implementation matrix
Activity: Establish the Commission for Sharing, Allocation, and Monitoring of Resources and Financial Revenues
Timing: Within 90 days of the date of signing the Final Agreement
Implementing Party: The Prime Minister
Source of Funding: Transitional Government of Sudan
Composition:
Procedures: Issue a decision and a law establishing the Commission
Reference article: 23.1, 23.2, 23.3
Page 176, TITLE 9, 3. Darfur Track: Wealth Sharing Implementation Matrix
Activity: Establish a National Revenue Fund
Timing: After signing the Final Agreement
Implementing Party: Government of Sudan
Source of Funding: Government of Sudan
Composition:
Procedures: Issue a decision creating the Fund and enact a law to regulate it
Reference article: 13.1 and Article 22.1 of the National Issues - BanksSocio-economic reconstruction→Banks→Central bankPage 28, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 27. Establishing Darfur Development Bank
27.1.A development bank shall be established in the Darfur Region in accordance with the Central Bank policies.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.57.To exercise the right to borrow loans with the Sudan Central Bank or the state/regional government securing the collateral.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.13.The central bank and issuing and coining national currency.
11.14.Bills of exchange and promissory notes.
Page 100, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT, 22. Reform and correction of the banking system by adopting monetary, regulatory, and institutional policies that serve the accumulation of savings, funding, development, attracting investments, and facilitating banking transactions, including the conventional banking system and multiple outlets.
Page 139, TITLE 4. CHAPTER TWO: THE SOCIOECONOMIC ISSUE, The East Development Fund
76. The Parties agree to establish the National Eastern Sudan Bank;
Page 197, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Reform and correct the banking system
Timing: Within 90 days of commencing implementation of the Final Agreement
Implementing Party: Transitional government of Sudan & state / regional government
Source of Funding:
Composition:
Location:
Procedures, Method & Criteria:
Reference article: Article 22
Page 223, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Establish the National Eastern Sudan Bank
Timing: After ratifying the Peace Agreement
Implementing Party: East Sudan states/region
Funding: Transitional Government of Sudan
Composition:
Procedures: Issue a decision approving the establishment of the bank
Reference / article: 74Socio-economic reconstruction→Banks→Personal or commercial bankingPage 17-18, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 26. National Civil Service
26.2.The Parties agree to accommodate the men and women of Darfur in upper and mid-level positions (undersecretaries, ambassadors, members of diplomatic missions, general managers, various administrations and departments in national ministries and commissions, the judiciary, public prosecution, national and semi-national institutions, banks, and the boards of public and semi-public companies) by 20% provided that appointment is made by political decree within 45 (forty-five days) of the date of signing the Peace Agreement.
Page 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
...
1.1.8.Banking;
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.28.Banking activities.Socio-economic reconstruction→Banks→International financePage 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.58.To exercise the right to conclude investment contracts without contravening Sudan’s foreign policies and in coordination with the competent federal authorities.
Page 100, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT, 19. Issuance of financial pledges, instruments, promissory notes, and bills of exchange: The state/regional government shall be entitled to issue financial pledges, instruments, bills of exchange, promissory notes or other financial documents provided that they are regulated by a law enacted by the state/regional legislative council, based on the balance of the state/region in accordance with national financial policies.
20. The state/region governor may, with the approval of the state/regional legislative council, conclude contracts or agreements for foreign or national loans in accordance with the controlling national terms and standards.Socio-economic reconstruction→Banks→Cross-border financial flowsPage 13, TITLE 1, 24. Sudanese Diaspora:
24.1.The Parties agree that the Transitional Government of Sudan shall endeavor to create the appropriate conditions to connect Sudanese diaspora abroad with their homeland through addressing, among other things, the issue of education for the children of Sudanese diaspora in Sudanese institutions, ensuring rewarding conditions for their remittances and creating incentives to improve their opportunities for investment and settlement in Sudan.
Land, property and environment
- Land reform/rightsLand, property and environment→Land reform/rights→Land reform and managementPage 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
...
30.1.19.To manage, allocate, and utilize lands of the Region;
Page 21, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 31. Concurrent Powers
31.1.The national federal government and the regional government of Darfur shall have the following executive and legislative powers:
...
31.1.25.Regulating land possession and utilization and exercising relevant rights;
Page 23, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, General Principles
2. All lands and natural resources in Sudan regions/states, including Darfur, shall be resources for the good of all the people of Sudan.
...
8. Development of enforcement structures and institutions for land management that are legally supported by legislation enacted to promote sustainable development and address environmental degradation.
9. Environmental conservation policies shall include promoting the production and development of alternative sources of energy, developing the quality and quantity of the pastoral sector, and developing policies that ensure the optimal utilization of lands and water resources and improving research capacities in these fields.
Page 27-28, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 24. Status of Current and Future Contracts and Agreements for the Extraction of Natural Resources
24.3.When allotting public lands in Darfur or granting utilization concessions for the extraction of natural resources, the inhabitants of the land shall be consulted before land utilization and they shall be adequately compensated.
Page 44, TITLE 2. CHAPTER 6: DEVELOPMENT OF THE NOMADS AND HERDEERS SECTOR IN THE DARFUR REGION PROTOCOL, General Principles, 3. Introducing alternative policies, legislation, institutions, and mechanisms which meet the needs of herders and nomads in the exercise of their right to use land and natural resources.
Page 46, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, General Principles
1. Recognizing the traditional rights to the ownership of tribal lands (known as Hawakeer) and the historic rights related to lands and the traditional and customary livestock routes and opportunities to access water.
2. The competent authorities in Darfur (region/ states), in coordination with the federal government and the neighboring regions/states, shall organize the opening of routes across the borders of the Sudanese states, for nomadic shepherds, in order to limit the likelihood of the occurrence of disputes with farmers.
3. The competent authorities shall study, develop, and amend relevant laws to integrate international norms and practices to protect the cultural heritage in Darfur, especially those related to lands and property.
4. Traditional mechanisms for the possession of lands in Darfur should be taken into consideration in resolving conflicts arising between components of the society.
5. In the event of a conflict between the Sudanese laws and the traditional land possession system (Hawakeer) in Darfur; the said laws shall be amended to include the rights of the lands (Hawakeer) and their use according to the norms, traditions, and inherited practices of land tenure in Darfur.
Page 48, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 10. DLHC Powers and Competencies
10.2.The National Lands Commission and DLHC shall cooperate and coordinate their work in terms of:
10.2.1.Sharing information and decisions made by either entity;
10.2.2.Some tasks of the National Lands Commission, including data collection and research, may be assigned to the DLHC;
10.2.3.Settlement of any issues contradictory to the findings or recommendations of either commission.
Page 91-92, TITLE 3. CHAPTER 2: FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, 50. The Parties commit to ensuring that the administration and management of the natural resources of Blue Nile shall be under the authority of the federal government and the Blue Nile regional / state government and all the revenues generated from natural resources should be distributed between the regional / state government and the central government in accordance with the provisions of this Agreement and with the following requirements:
50.1.A certain percentage of the revenues from the Roseires Dam and other revenues from natural resources present in the area shall be allocated for the development of the region / state.
50.2.The Parties agree that the transitional government of Sudan shall return all the lands that were taken away from the administrative authority of the Blue Nile region / state, in particular the Northwest triangle of Eastern Agadi and the Dinder National Park in a way that protects the interests of humans, fauna and flora, and biodiversity, natural resources of the park once it is proven it belongs to the Blue Nile region / state.
51. The Parties commit to prioritizing the reconstruction and rehabilitation of the Blue Nile region / state economically and developmentally by:
51.1.Building irrigation schemes using water of the Roseires dam for agricultural projects in the region / state.
51.2.Providing access to electricity for the local population of Blue Nile region/state at low prices.
51.3.Providing compensation for those who were negatively affected by the construction and heightening of the Roseires Dam in the Blue Nile region / state.
52. The Parties need to rectify the historic lack of representation of the residents of the Blue Nile region / state in the governance structure of Sudan through positive discrimination in the federal government and national civil service.
53. The Parties commit to prioritizing issues of land ownership and land usage in the Blue Nile region / state by:
53.1.Reviewing all contracts, decrees of concessions and allocation of land in the region / state. 53.2.Reviewing customary routes of transhumance, services and homesteading for nomads.
53.3.Securing transhumance routes for nomads and working for their settlement in accordance with customary laws and norms.
53.4.Reviewing contracts and mining concessions in the Blue Nile region / state, particularly those for chrome, gold and asbestos, and remedying the shortcomings in contracts, their environmental impact, the compensation and rights of the region / state, as stipulated in the provisions of resource-sharing for the Two Areas.
Page 95, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.4. To address issues of land and compensation and review contracts related to lands, mining, and agricultural and industrial projects, in accordance with the provisions of the Final Peace Agreement.
Page 96, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.24.[To manage] lands and resources of the state/region in accordance with what has been agreed.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.6.Review and design of programs that address land issues in the Two Areas, including ownership, use, and compensation related to land expropriation, to be implemented during the transitional period.
10.7.The national and locally competent bodies shall address land issues in the Two Areas, with effective participation of local communities.
Page 108, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, DEVELOPMENT AND RECONSTRUCTION COMMISSION AND MECHANISM, 84. Land Commission:
84.1.Parties signatory to the Final Peace Agreement shall participate in the National Land Commission.
84.2.The state/regional government shall establish a land commission in coordination with the National Land Commission. It shall assume the following functions:
84.2.1.Review and design programs that address land issues in the Two Areas, including ownership, usage, and compensations related to the removal of land ownership. The programs shall be implemented during the transitional period.
84.2.2.The national and local competent authorities shall address land issues in the Two Areas with effective participation of local communities on the basis of state/regional norms, laws, and mechanisms.
84.2.3.Develop policies to regulate possession and use of lands and exercise of rights thereon. Implementation shall be monitored in coordination with relevant bodies based on the land law in the state/region and the national government.
84.2.4.Define the map of land usage with the participation of local communities and in coordination with competent bodies.
84.2.5.Determine procedures for freehold land ownership.
84.2.6.Monitor and ensure the restitution of ownerships for lands that have been expropriated without consulting stakeholders.
84.2.7.The state/regional land commission shall exercise all the powers of the National Land Commission that are delegated thereto.
84.2.8.Review all land allocation and award contracts and decisions in the state/region.
84.2.9.Review investment projects in the state/region by conducting technical, economic and environmental feasibility studies.
84.2.10.Review mining contracts and projects in the state/region and address the shortcomings in contracts, environmental impacts, compensation, and the rights of the state/region as provided for in the Two Areas’ resource-sharing provisions.
84.2.11.If a national project is developed, such as roads, that adversely affects a land owner, the owner shall be sufficiently compensated.
84.2.12.Develop policies for the use of agrarian lands and forests in the state/region and allocate revenue thereof for development within the state/region.
84.2.13.Any other relevant functions.
Page 137, TITLE 2. CHAPTER TWO: THE SOCIOECONOMIC ISSUE, Issues of Lands, Dams and Displaced Persons
60. The Parties agreed to create a regional lands commission in Eastern Sudan
61. The Federal Government shall work through the National Lands Commission and the East of Sudan Lands Commission to review land settlement and registration laws, taking the local norms into consideration;
Page 139, TITLE 2. CHAPTER TWO: THE SOCIOECONOMIC ISSUE, Issues of Agriculture and Forestry
66. Reviewing and legalizing the status of agriculture projects in the three states, provided that they are registered in accordance with the law.
67. Revitalizing agriculture research centers and plant protection through training and qualifying staff to supervise the entire agricultural processes;
68. The Government shall encourage the establishment of manufacturing industries of agricultural, animal and fish products to prevent exporting raw material;
69. Activating the law of forestry and holding to account perpetrators of illegal logging at the cost of forestry;
70. Rehabilitating agricultural projects in the state/region, especially the projects of al-Qash Delta, Tokar, New Halfa and al-Rahad and providing the necessary assistance;
71. The Federal and state/regional governments shall commit to eliminating the scourge of Mesquite;
Page 143, TITLE 5. General Principles
17. Addressing land, dams, and environmental issues and providing reparations for individuals and communities.
Page 145, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 11. Working to address all the issues of resettlement in the villages of the New Hamdab (alMultaqa), through the following:
11.1.Completing the legal procedures to extract the license of researching Hamdab agricultural project (al-Multaqa) and remedying technical problems therein;
Page 150, TITLE 6. 3. Development, Services, and Revenues
The Government of Sudan shall commit to the following:
4. The First Party shall commit to reviewing the laws related to lands and investment.
Page 187, TITLE 9, 7. Darfur Track: Land and Hawakeer Implementation Matrix
Activity: Review the registration of lands which are proven to have been expropriated or forcibly taken after June 1989
Timing: After signing the Final Agreement
Implementing Party: Darfur Land and Hawakeer Commission (DLHC)
Source of Funding: DLHC
Composition:
Procedures: Take the necessary measures
Reference/Article: 8.1 8.2 8.3 8.4 8.5 8.6 8.7
Page 187, TITLE 9, 7. Darfur Track: Land and Hawakeer Implementation Matrix
Activity: Evacuate those residing illegally in the lands of others in Darfur since 2002
Timing: After issuing the decision establishing the DLHC
Implementing Party: Competent authorities in cooperation with the civil administrations
Source of Funding: DLHC
Composition:
Procedures: Issue the evacuation decisions
Reference/Article: 8.8
Page 187, TITLE 9, 7. Darfur Track: Land and Hawakeer Implementation Matrix
Activity: Establish the Darfur Lands and Hawakeer Commission (DLHC)
Timing: Within 60 days of the date of signing the Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding: The Darfur Peace Support and Sustainable Development Fund
Composition:
Procedures: Issue a decision to establish the DLHC
Reference/Article: 9.1
Page 188, TITLE 9, 7. Darfur Track: Land and Hawakeer Implementation Matrix
Activity: Make DLHC’s procedures available for the public
Timing: Within 6 months of the date of signing the Final Agreement
Implementing Party: DLHC
Source of Funding: DLHC
Composition:
Procedures: Inform the public about the commencement of DLHC operations
Reference/Article: 9.2
Page 188, TITLE 9, 7. Darfur Track: Land and Hawakeer Implementation Matrix
Activity: Agree on the organizational and functional structure of the DLHC
Timing: After establishment of the DLHC
Implementing Party: The Parties
Source of Funding:
Composition:
Procedures: Institute the organizational and functional structure of the DLHC
Reference/Article: 9.3
Page 188, TITLE 9, 7. Darfur Track: Land and Hawakeer Implementation Matrix
Activity: Institute the regulations and rules of procedures of DLHC
Timing: Immediately after the establishment of the DLHC
Implementing Party: DLHC
Source of Funding:
Composition:
Procedures: Institute the regulations and rules of procedures
Reference/Article: 9.4
Page 188, TITLE 9, 7. Darfur Track: Land and Hawakeer Implementation Matrix
Activity: Establish a special court for the DLHC
Timing: Immediately after the establishment of the DLHC
Implementing Party: The Judiciary
Source of Funding:
Composition:
Procedures: Issue a decision to establish the court
Reference/Article: 9.5
Page 188, TITLE 9, 7. Darfur Track: Land and Hawakeer Implementation Matrix
Activity: Form local committees for claims that include local, traditional, and community leaders.
Timing: Immediately after the establishment of the DLHC
Implementing Party: DLHC
Source of Funding:
Composition: Local, traditional and community leaders, and representatives of IDPs, refugees and women’s organizations
Procedures: Issue decisions to form the committees
Reference/Article: 9.6
Page 188, TITLE 9, 7. Darfur Track: Land and Hawakeer Implementation Matrix
Activity: Form a mechanism for evaluating claims
Timing: After establishment of the DLHC
Implementing Party: DLHC
Source of Funding:
Composition:
Procedures: Issue a decision of establishing the mechanism
Reference/Article: 9.7
Page 188, TITLE 9, 7. Darfur Track: Land and Hawakeer Implementation Matrix
Activity: Fund the DLHC
Timing: After establishment of the DLHC and for a period of 10 years
Implementing Party: The Darfur Peace Support and Sustainable Development Fund
Source of Funding:
Composition:
Procedures:
Reference/Article: 11.1
Page 189, TITLE 9, 7. Darfur Track: Land and Hawakeer Implementation Matrix
Activity: Request assistance of the international community for funding
Timing: After signing the Final Agreement
Implementing Party: The Parties
Source of Funding:
Composition:
Procedures:
Reference/Article: 11.2
Page 200, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish the land commission in the state / region
Timing: after establishing the National Land Commission
Implementing Party: The state / regional government
Source of Funding: The state / regional government
Composition: The state / regional government
Location: state / region
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 84
Page 222, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Issues of lands, dams and displaced personsTiming: After ratifying the Peace Agreement
Implementing Party:
Funding:
Composition: the Parties
Procedures: -Address border issues with Ethiopia and conclude the issue of Halayeb
- Issue a decision creating a regional land commission
- Issue a decision to review land settlement and registration laws
- Issue a decision creating an investigation committee regarding displaced persons
- Issue a decision to revise investment contracts
- Issue a decision to form a committee to revise the contracts of Upper Atbara and Setit
- Issue a decision to address the situation of displaced persons
Reference / article: 57, 58, 59, 60, 61, 62 and 63Land, property and environment→Land reform/rights→Property return and restitutionPage 12, TITLE 1, 17. General Amnesty:
17.2.The Government shall commit to returning the property of organizations and individuals that has been confiscated because of the war, provided that ownership of the property is proven by any acceptable means.
Page 36, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, General Principles
9. Neither the award nor the initiation of proceedings for compensation or restitution shall limit or prejudice other means of restitution for property or other damages.
Page 37, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 11. Rights Related to Compensation, Restitution and Reparations
11.4.Communities have a collective right to pursue property restitution or compensation for claims regarding communal property, villages, farms and Hawakeer [traditional land].
...
11.6.Individuals and communities have the right to restitution of lands lost resulting from the conflict in Darfur.
11.7.Individuals and communities have the right to pursue compensation for environmental damages, land degradation, or the damage of property resulting from the conflict, including environmental damages or deterioration resulting from displacement and neglect.
11.8.All persons affected by the conflict in Darfur have the right to have restored to them any housing, land, and/or property of which they were arbitrarily or unlawfully deprived, or to be compensated adequately for the loss of their housing, land, and/or property, in accordance with international principles, the Peace Agreement provisions and traditional norms. Accordingly:
11.8.1.Assets and property confiscated and looted from individuals, institutions and communities in Darfur shall be returned or restituted to their rightful owners, and in cases where the return of such property is impossible, a just compensation shall be provided.
11.8.2.Displaced persons and refugees who were displaced because of the conflict in Darfur shall enjoy this right whether they choose to return to their places of origin or not.
11.9.No individual or group may be stripped of the traditional and historic right in land ownership or access to water, unless consulted or provided with fair compensation.
Page 38, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12.15.The Fund shall cooperate and coordinate with other commissions established pursuant to this Agreement, especially the Commission for the Return of IDPs and Refugees, the Development and Reconstruction Commission, the Lands and Hawakeer Commission, the Truth and Reconciliation Committee, the Darfur Special Court for War Crimes, and the mechanisms of traditional justice.
Page 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.7. The Parties shall adhere to the following principles and rights of return:
2.7.1.All IDPs and refugees shall have the right to make an informed decision for the voluntary return to their place of origin, homes, or to places or areas of their habitual residence; they shall also have the right to resettle to other places of their choosing, in accordance with the terms of the Agreement, especially those related to the necessary conditions of return;
...
2.7.4.The Parties and the international community shall endeavor to ensure the right of safe return for IDPs and refugees and to be free from violence, harassment, intimidation, coercion, confiscation of property, or forced resettlement;
...
2.7.8.The Government of Sudan shall provide IDPs and refugees with all documents necessary for the exercise of their legal rights, including passports, birth certificates, and title deeds;
Page 40, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 3. Property, Housing, and Compensation Rights
3.1. All IDPs and refugees shall enjoy the right to voluntary return to their homes, lands, and property, provided that they be fairly compensated for their losses of homes, lands, or property;
3.2. IDPs and refugees shall enjoy all rights to property, ownership of housing, the freedom of movement and residence, and compensation and reparations, as stipulated in this Agreement;
3.3. If the return of IDPs, refugees, and displaced persons to their homes or lands, or the restoration of their property is impossible, they shall have the right to receive fair compensation for their loss and the psychological damages resulting from forced displacement. The compensation shall be paid by the Compensations and Reparations Fund in accordance with international principles and the right of voluntary return for all IDPs and refugees.
Page 40-41, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 4. Suitable Conditions for Return
4.1. With the assistance of the concerned international and domestic institutions, the Parties agree to create the political, economic, social, and security conditions conducive to the voluntary return and acceptable reintegration of IDPs and refugees, without giving preference to any particular group. These conditions shall include, but not be limited to:
...
4.1.4.Restituting property lost due the war to IDPs and refugees, in accordance with the agreed provisions;
4.1.6.Rehabilitating damaged property, public facilities, farms, pastures, and agrarian lands, etc;
4.1.7.Evacuating illegal occupants of others’ homes, lands, and property in areas of return;
...
4.1.10.The Parties shall work with the international community to provide all possible assistance to IDPs, refugees and war-affected persons to enable the returning families and individuals to reestablish their lives and livelihoods in local communities. This assistance shall include, but not be limited to, short-term repatriation funding, ensuring the continuity of humanitarian aid throughout the return and resettlement period, rebuilding damaged or destroyed infrastructure, building new roads and infrastructure in rural areas, rehabilitating local agrarian lands, and providing education and job training programs;
Page 46, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, General Principles
6. All IDPs and refugees, as well as all other persons, shall have their rights restored in the lands that were arbitrarily and illegitimately taken away from them. Stripping any individual or group of individuals from their traditional and historic right to ownership of lands and access to water shall only be permissible after conducting consultations or offering compensation to them on a just basis.
Page 46, TITLE 2: CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 8. The Right to Restitution:
8.1. The Parties agree to review and revoke the registration of lands which are proven to have been expropriated or forcibly taken after June 1989.
8.2. The Parties agree to the right of communities and individuals to the restitution of lands taken away due to the conflict in Darfur.
8.3. The right to restitution shall be an individual and collective right. Individuals or communities shall have the right to apply for restoration of their land.
8.4. Local communities shall have an independent right in the claims of restituting lands, in regards to collective property (villages, farms and Hawakeer).
8.5. Claims of restituting individual property and collective property shall not be mutually exclusive according to law.
8.6. Male and female IDPs and refugees, affected by the conflict, shall have the right to restore any houses, lands, or farms that they have been arbitrarily or illegally deprived of, irrespective of their choice to return to their original homes.
Page 47, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 9. Darfur Lands and Hawakeer Commission
9.1. The Parties agree to establish the Darfur Lands and Hawakeer Commission (DLHC) within 60 (sixty days) of the date of signing this agreement to hear and mediate claims of property restitution filed by individuals and communities who lost their lands because of the conflict in Darfur.
9.2. The DLHC’s procedures shall be made available for the public within 6 (six months) from the date of signing this Agreement.
9.3. The Parties shall agree on the organizational and functional structure of the DLHC in accordance with the parameters provided for in the Agreement.
9.4. The DLHC shall develop its own regulations, rules of procedures, and decision-making methods.
9.5. The judicial authority shall establish a special court for the DLHC with the exclusive power to hear appeals of decisions of the DLHC and to register the ownership of lands as decided by the DLHC to any party to the conflict.
9.6. The DLHC shall form local committees for claims, which include local, traditional, and community leaders, including representatives of IDPs, refugees and women, to investigate claims related to compensations and other means of reparations. The committees submit their reports to the DLHC.
9.7. The DLHC shall form a mechanism for fair evaluation for purposes of receiving claims from victims to receive compensation and other means of reparations for harm inflicted due to the conflict.
9.8. Without prejudice to the right to appeal, the decisions and awards of DLHC shall be binding.
Page 47-48, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 10. DLHC Powers and Competencies
10.1.The DLHC shall have the following powers and competencies:
10.1.1.To arbitrate and adjudicate conflicts over rights related to land disputed between the parties to the conflict.
10.1.2.To identify the legitimate owner of disputed land and its value upon submission of a claim. If restitution is not possible for these lands due to their use for the public interest, the claimant shall receive fair compensation for losses or damages.
10.1.3.To undertake all appropriate arrangements to ensure the full and effective participation of IDPs, refugees, local and traditional leaders, women, and all affected individuals of local communities in its procedures, including the investigation of disputed land claims.
10.1.4.To locate and identify sites and establish registers of present and historical uses of land and preserving it.
10.1.5.To assist in registering and issuing land property deeds.
10.1.6.To conduct research regarding land tenure and usage in the geographical area subject to its authority.
10.1.7.The DLHC shall launch and manage a general awareness-raising campaign to inform all individuals, who have property restitution claims arising from the conflicts, of their right to submit claims.
10.1.8.The DLHC shall undertake a regular assessment of the process of implementing land restitution programs and submit publicly-accessible periodic reports.
10.1.9.The DLHC shall address the issue of Sudanese illegally residing on the lands of others in the event of evacuating them, provided that this is conducted in cooperation with relevant parties.
10.1.7.The DLHC shall launch and manage a general awareness-raising campaign to inform all individuals, who have property restitution claims arising from the conflicts, of their right to submit claims.
10.1.8.The DLHC shall undertake a regular assessment of the process of implementing land restitution programs and submit publicly-accessible periodic reports.
10.1.9.The DLHC shall address the issue of Sudanese illegally residing on the lands of others in the event of evacuating them, provided that this is conducted in cooperation with relevant parties.
10.2.The National Lands Commission and DLHC shall cooperate and coordinate their work in terms of:
10.2.1.Sharing information and decisions made by either entity;
10.2.2.Some tasks of the National Lands Commission, including data collection and research, may be assigned to the DLHC;
10.2.3.Settlement of any issues contradictory to the findings or recommendations of either commission.
Page 48, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 11. Funding
11.1.The DLHC shall be funded by the Darfur Peace Support and Sustainable Development Fund for a period of 10 (ten years) from the date of this Agreement.
11.2.The Parties shall work together to receive assistance from the international community in funding the operations of the DLHC.
11.3.The period during which the Government of Sudan shall provide funding to the DLHC shall not be an indication or identification of the mandated term of DLHC.
Page 92, TITLE 3. CHAPTER 2. FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, Confidence-building measures for implementation
57.3.Establishing a Land Commission for the Two Areas within the National Commission to oversee, monitor, and guarantee the restitution of land that was expropriated without justification to its owners or the awarding of just compensation for it.
Page 93, TITLE 3. CHAPTER 2. FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, Implementation of the framework agreement
65. The Transitional Government shall commit to restore all the confiscated assets of the Sudan People’s Liberation Movement in all parts of Sudan in accordance with the provisions of the Juba Declaration signed on 11 September 2019 and renewed until 15 February 2020 (Annex 4).
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.12.Review the contracts and decisions to award lands and mining projects and [provide] compensations in the Two Areas.
Page 104, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 64. A joint committee shall be established to restitute or compensate, in case of depreciation or damage, private and public property confiscated from SPLM-N-SRF, provided that it starts its work immediately upon signing the Final Peace Agreement and completes its work within a period of no more than three months. The committee shall ensure the restitution of property which is proven to be owned by the SPLM-N-SRF and members thereof, in accordance with law and good faith, without prejudice to this Agreement.
Page 110, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, NATIONAL PROJECTS IN THE STATE/REGION, 98. The population of the Blue Nile shall be compensated for the environmental damage induced by constructing the Roseires Dam and compensation to those afflicted thereof shall be reviewed to redress them with the appropriate compensation.
Page 110, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, NATIONAL PROJECTS IN THE STATE/REGION, 99. Land owners and those afflicted by the building of al-Fulah power plant must be reviewed and compensated.
Page 144, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 3. The Government shall commit to creating a mechanism for addressing the issue of lands legally expropriated by virtue of Decision 206 of 2005, Decision 217 of 2006 and allotment Decisions (64 – 65 – 66) as follows:
a. Lands expropriated, but not allotted, shall be subject to a restitution decision to be issued.
b. Lands expropriated and allotted but not reformed or invested shall be subject to a decision to be issued revoking their allotment.
c. Lands that have been expropriated, allotted, and partly invested shall be subject to a decision to be issued to restitute the uninvested parts.
d. Lands that have been expropriated, allotted, and completely or partly invested shall be addressed by engaging local communities to reach solutions.
e. The Government shall commit to engaging local communities in defining the protection zones of villages with maps and clear coordinates. The Government shall also commit to removing investments present within the villages’ protection zones to be determined.
f. Reviewing all decisions of awarding agrarian lands (to individuals, companies, local or foreign legal persons, local or foreign political actors - parties or governments – or local or foreign commissions or institutions) by any federal or state authority since the year 1989.
g. The state/regional law shall determine the timeframe of agricultural investment projects by no more than twenty years renewable to another period based on feasibility studies.
Page 167, TITLE 9, 1. National Issues Implementation matrix
Activity: Return the property of organizations and individuals which had been confiscated because of the war, upon proving ownership thereof
Timing: After signing the Final Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding:
Composition:
Procedures: Issue a decision on property restitution
Reference article: 17.2
Page 199, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: The joint committee to restitute property of SPLM-N-SRF
Timing: Immediately upon signing the Peace Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding: Transitional Government of Sudan
Composition: The Parties
Location: All over Sudan
Procedures, Method & Criteria:
Reference article: Article 64
Page 201, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Compensate the individuals affected by the Roseires Dam
Timing: After signing the peace agreement
Implementing Party: Transitional Government of Sudan and the state / regional government
Source of Funding: Transitional Government of Sudan and the state / regional government
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 98
Page 201, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Compensate the individuals affected by the building of al-Fulah power plant
Timing: In accordance with the provisions of the peace agreement
Implementing Party: Transitional Government of Sudan and the state / regional government
Source of Funding: Transitional Government of Sudan
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 99
Page 209, TITLE 9, 12. Northern Track Implementation matrix
Activity: Establish specialised organs and commissions that ensure remedying grievances and restitution
Timing: After ratifying the peace agreement
Implementing Party: Government of Sudan
Sources of Funding: Government of Sudan
Composition: Create the specialized organs
Procedures: Issue decisions
Reference / article: Article 14 General Principles - Pastoralist/nomadism rightsPage 12, TITLE 1, 14. National Issues of Particularity: The Parties agree on the importance of addressing the following national issues of particularity:
14.5.Herders, Nomads, and Farmers:
14.5.1.The Parties agree to establish a National Commission for Herders, Nomads, and Farmers within (3) three months of the date of signing the peace agreement by the signatory parties.
Page 23, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, General Principles
3. The Parties agree to develop and improve the nomadic sector by following policies for their development, through opening tracks to solve the issues of conflict between herders and farmers, providing all services, encouraging the animal products manufacturing industry, and opening markets inside and outside Sudan.
Page 23, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, General Principles
9. Environmental conservation policies shall include promoting the production and development of alternative sources of energy, developing the quality and quantity of the pastoral sector, and developing policies that ensure the optimal utilization of lands and water resources and improving research capacities in these fields.
Page 39, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 2. General Principles
2.7. The Parties shall adhere to the following principles and rights of return:
...
2.7.5.The Parties agree that nomadic routes shall be open and secure, in particular during the return of IDPs and refugees to their homes of origin. The Parties shall review the changes of such routes and find alternatives if necessary;
Page 44, TITLE 2. CHAPTER 6: DEVELOPMENT OF THE NOMADS AND HERDEERS SECTOR IN THE DARFUR REGION PROTOCOL, General Principles
1. Endeavoring to realize a just and comprehensive peace to end the war and address the Sudanese issue and its impact, taking into consideration provisional preferential measures for war-affected and least developed areas as well as most afflicted groups including nomads and shepherds.
Page 44, TITLE 2. CHAPTER 6: DEVELOPMENT OF THE NOMADS AND HERDEERS SECTOR IN THE DARFUR REGION PROTOCOL, General Principles
2. Safeguarding the rights of nomads, herders, and farmers to use the land and determine routes to prevent tribal friction, achieve stability, preserve agricultural soil and preserving the sustainability and development of natural rangelands.
Page 44, TITLE 2. CHAPTER 6: DEVELOPMENT OF THE NOMADS AND HERDEERS SECTOR IN THE DARFUR REGION PROTOCOL, General Principles
3. Introducing alternative policies, legislation, institutions, and mechanisms which meet the needs of herders and nomads in the exercise of their right to use land and natural resources.
Page 44, TITLE 2. CHAPTER 6: DEVELOPMENT OF THE NOMADS AND HERDEERS SECTOR IN THE DARFUR REGION PROTOCOL, General Principles
4. Recognizing the role of community-based management as a long-standing management legacy that played a significant role in the maintenance of civil peace, local dispute resolution, environment conservation, and addressing issues of relations between land owners and beneficiaries thereof.
Page 44, TITLE 2. CHAPTER 6: DEVELOPMENT OF THE NOMADS AND HERDEERS SECTOR IN THE DARFUR REGION PROTOCOL, General Principles
5. The activity of nomads and herders extends beyond the administrative borders of localities and regions/states, as well as neighboring countries, and as such requires coordination with them and the enactment of flexible laws, legislation, protocols, and administrative systems to accommodate this type of activity.
Page 44, TITLE 2. CHAPTER 6: DEVELOPMENT OF THE NOMADS AND HERDEERS SECTOR IN THE DARFUR REGION PROTOCOL, General Principles
6. Facilitating and simplifying identification documents for nomads and herders.
Page 44-45, TITLE 2. CHAPTER 6: DEVELOPMENT OF THE NOMADS AND HERDEERS SECTOR IN THE DARFUR REGION PROTOCOL, 7. The Commission for the Development of the Nomads and Herders Sector
7.1. The Parties agreed to establish a commission for the development of the nomads and herders sector in Darfur region/states within 60 (sixty days) of the date of signing this Agreement to develop and improve the nomad and herders sector, work with local authorities and civil administrations to organize the movement of nomads, open routes and regulate relations between farmers and herders.
7.2. The procedures of the Commission for the Development of the Nomads and Herders Sector in Darfur shall be available for the public within 6 (six months) of the date of signing this Agreement.
7.3. The Parties shall agree on the organizational and functional structure of the Commission for the Development of the Nomads and Herders Sector in Darfur in accordance with the parameters provided for in the Agreement.
7.4. The Commission shall develop its regulations, rules of procedures, and decision-making methods.
7.5. The Commission shall be mandated to develop a strategy for the development and improvement of the nomads and herders sector in Darfur Region/States.
7.6. The Commission may seek the assistance of experts to review, introduce corrective measures, and evaluate projects.
7.7. The Commission shall endeavor to coordinate with other relevant commissions and institutions.
7.8. The assets of all existing commissions and mechanisms in the Darfur Region/States specialized in the nomads and herders sector shall be transferred to the Commission for the Development of the Nomads and Herders Sector in Darfur in accordance with the applicable administrative and legal procedures.
Page 45, TITLE 2. CHAPTER 6: DEVELOPMENT OF THE NOMADS AND HERDEERS SECTOR IN THE DARFUR REGION PROTOCOL, 8. The Commission shall develop strategies to address the following issues:
8.1. Organization of nomad movement and opening routes to achieve complementarity between agricultural and pastoral activities and organize the relation between farmers and herders in coordination with local authorities and community-based administration.
8.2. Development of livestock by applying technical packages, importing animal breeds to improve species, and adopting quality over quantity standards to save efforts spent on managing large unproductive herds that ruin pastures and destroy the natural environment.
8.3. Establishment of service and production centers along nomad routes (Dumur and Sawani) and paving the way for gradual voluntary settlement.
8.4. Promotion and development of the processing of animal products by building the capacity of producers in dairy and leather industries to develop production and ensure competition in the market.
8.5. Raising awareness of environmental issues in the herder community to curb overgrazing in furtherance of the conservation of the natural environment.
8.6. Spread seeds of grassy vegetation along nomad routes to rebuild the natural environment and provide pastures.
8.7. Provision of veterinary services via mobile units.
8.8. Advancement of the nomad community through education, establishing schools, introducing boarding school systems, and literacy units.
8.9. Development of traditional skills in handcrafting fields such as the wool industry and others.
8.10.Development of positive values in nomad communities by promoting the spirit of solidarity and collecting popular heritage and literature.
8.11.Participation of the nomad community in public affairs by representing them in legislative and executive institutions at all levels of governance.
8.12.Building reservoirs, wells, dams, water stations, and groundwater wells along the routes.
8.13.These strategies shall be implemented during a 10 (ten year) period divided into two extendable phases as follows:
8.13.1.Phase one between 2020-2025
8.13.2.Phase two between 2026-2030
8.14.Projects meetings the objectives of the Commission’s strategies shall be prepared and implemented during the two phases according to priority.
8.15.The Commission for the Development of the Nomads and Herders Sector in Darfur shall be funded by the the Darfur Peace Support and Sustainable Development Fund for a period of 10 (ten years).
Page 46, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, General Principles
1. Recognizing the traditional rights to the ownership of tribal lands (known as Hawakeer) and the historic rights related to lands and the traditional and customary livestock routes and opportunities to access water.
2. The competent authorities in Darfur (region/ states), in coordination with the federal government and the neighboring regions/states, shall organize the opening of routes across the borders of the Sudanese states, for nomadic shepherds, in order to limit the likelihood of the occurrence of disputes with farmers.
Page 68, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 29. Security Keeping Force in Darfur.
29.5.Functions of the Security Keeping Force in Darfur.
29.5.12.Preparing the environment for promoting the values of dialogue and peaceful coexistence among tribes and open tracks in areas in which farmers and herders clash;
Page 91-92, TITLE 3. CHAPTER 2: FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, 53. The Parties commit to prioritizing issues of land ownership and land usage in the Blue Nile region / state by:
53.1.Reviewing all contracts, decrees of concessions and allocation of land in the region / state. 53.2.Reviewing customary routes of transhumance, services and homesteading for nomads. 53.3.Securing transhumance routes for nomads and working for their settlement in accordance
with customary laws and norms.
Page 108, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, DEVELOPMENT AND RECONSTRUCTION COMMISSION AND MECHANISM, 87. The Commission for the Development of the Nomad, Herders, and Farmers Sector: sub-commissions of the National Commission for the Development of the Nomads, Herders, and Farmers Commission shall be established with the participation of their respective organizations and relevant governance bodies. The Commission shall assume the duties of reviewing the traditional tracks of shepherds and nomads, inn services, securing the routes of herders and nomads, and seeking to settle them in accordance with the norms, among other duties.
Page 145, TITLE 5, ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 16. The Government shall commit to carrying out the necessary feasibility studies and reviewing past ones to establish economic and service projects in order to achieve balanced development and endeavoring to find the necessary funding to achieve the following:
...
16.7.Endeavoring to repatriate the nomads in the states of the Nile River and the Northern State by providing all basic services and granting them with the ownership of agrarian and residential lands.
Page 166, TITLE 9, 1. National Issues Implementation matrix
Activity: Establish a National Commission for Herders, Nomads, and Farmers
Timing: Within 3 months of signing the Final Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding: Transitional Government of Sudan
Composition:
Procedures: Issue a decision establishing the commission
Reference article: 14.5
Page 185, TITLE 9, 6. Darfur Track: Development of Nomads and Herders Sector Implementation Matrix
Activity: Establish a Commission for the Development of Nomads and Herders Sector in Darfur Region/states
Timing: Within 60 days of the date of signing the Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding: The Darfur Peace Support and Sustainable Development Fund
Composition:
Procedures: Issue a decision to form the commission
Reference/Article: 7.1
Page 186, TITLE 9, 6. Darfur Track: Development of Nomads and Herders Sector Implementation Matrix
Activity: Make the procedures of the Commission for the Development of Nomads and Herders Sector available for the public
Timing: Within 6 months of the date of signing the Agreement and for 10 years
Implementing Party: The Parties
Source of Funding:
Composition:
Procedures: Inform the public about the commencement the Commission’s operations
Reference/Article: 7.2
Page 186, TITLE 9, 6. Darfur Track: Development of Nomads and Herders Sector Implementation Matrix
Activity: Agree on the organizational and functional structure of the Commission for the Development of Nomads and Herders Sector
Timing: Immediately after the establishment of the Commission
Implementing Party: The Parties
Source of Funding:
Composition: The Parties
Procedures: Develop the organizational and functional structure of the Fund
Reference/Article: 7.3
Page 186, TITLE 9, 6. Darfur Track: Development of Nomads and Herders Sector Implementation Matrix
Activity: Develop the regulations and rules of procedures of the Commission
Timing: Immediately after the establishment of the Commission
Implementing Party: The Federal Government of Sudan and Darfur regional/ states government
Source of Funding:
Composition:
Procedures: Develop and adopt the regulations and rules of procedures
Reference/Article: 7.4
Page 186, TITLE 9, 6. Darfur Track: Development of Nomads and Herders Sector Implementation Matrix
Activity: Transfer assets of all relevant commissions and mechanisms to the Commission for the Development of Nomads and Herders Sector in Darfur
Timing: Immediately after the establishment of the Commission
Implementing Party: The Federal Government of Sudan and Darfur regional/ states government
Source of Funding:
Composition:
Procedures: Issue a decision to transfer assets to the Commission
Reference/Article: 7.8
Page 186, TITLE 9, 6. Darfur Track: Development of Nomads and Herders Sector Implementation Matrix
Activity: Engage the nomad community in public affairs
Timing: After establishing the Commission
Implementing Party: Commission for the Development of Nomads and Herders Sector
Source of Funding:
Composition:
Procedures: Institute strategies
Reference/Article: 8.11
Page 186, TITLE 9, 6. Darfur Track: Development of Nomads and Herders Sector Implementation Matrix
Activity: Fund the Commission for the Development of Nomads and Herders Sector in Darfur
Timing: After the establishment of the Commission and for a period of 10 years
Implementing Party: Commission for the Development of Nomads and Herders Sector
Source of Funding: The Darfur Peace Support and Sustainable Development Fund
Composition:
Procedures: Allocate budget
Reference/Article: 8.15
Page 187, TITLE 9, 6. Darfur Track: Development of Nomads and Herders Sector Implementation Matrix
Activity: Coordinate with localities, states/regions and neighboring countries on the activities of herders and nomads
Timing: After establishing the Commission
Implementing Party: The Commission and relevant parties
Source of Funding:
Composition:
Procedures: Develop laws, regulations, protocols and administrative systems
Reference/Article: 5
Page 200, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish the Commission for the Development of the Nomads, Herders, and Farmers Sector in the state / region
Timing: After establishing of the national commission
Implementing Party: the state / regional government
Source of Funding: Government of Sudan and donors
Composition: the state / regional government
Location: state / region
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 87 - Cultural heritageLand, property and environment→Cultural heritage→TangiblePage 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
...
30.1.25.[To manage/maintain] public libraries, museums, cultural and heritage sites, and other historical sites in the region;
Page 46, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, General Principles
3. The competent authorities shall study, develop, and amend relevant laws to integrate international norms and practices to protect the cultural heritage in Darfur, especially those related to lands and property.
Page 23, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, General Principles
11. Those foundations shall include the sustainable use of non-renewable resources, such as oil, natural gas, and other fossil fuels, in accordance with the interest of the afflicted regions/states and locals in those areas, while taking into consideration best practices for the environment, including the Guidelines for the Conservation of Bio-Diversity and the Principles of Safeguarding Cultural Heritage.
Page 96, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.36.Cultural and heritage sites, museums, libraries, and heritage.
...
9.39.To maintain ancient documents and antiquities and create monuments.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.28.National museums, archeological sites, and national heritage.
Page 142, ISSUES OF THE NORTHERN TRACK, (POLITICAL AND SOCIOECONOMIC) ISSUES, 14. The protection of antiquities, investigating the crimes of looting and destroying them and restoring the artifacts that have been looted or offered as presents and encouraging tourism.
Page 211, TITLE 9, 12. Northern Track Implementation matrix
Activity: Protect antiquities, investigate the crimes of looting and destroying them and restore the artifacts that have been looted or offered as presents and encourage tourism
Timing: Immediately upon ratifying the peace agreement
Implementing Party: Government of Sudan
Sources of Funding: Government of Sudan
Composition:
Procedures: Issue decisions to form committees
Reference / article: Article 14 (Northern Track Issues)Land, property and environment→Cultural heritage→IntangiblePage 6, TITLE 1, 1. General Principles
1.11.The racial, ethnic, religious, linguistic, and cultural diversity of the Sudanese people is a source of richness for the Sudanese people and, therefore, shall be strengthened, developed, and managed in accordance with the standards that reflect national unity.
Page 7, TITLE 1, 1. General Principles
1.22.Justice, accountability, reconciliation, and transitional justice are critical for ensuring durable peace and security in Sudan. Justice shall be founded on upholding the rule of law, the ratified international human rights conventions, and international humanitarian law, including through mechanisms based on the customs, cultures, and heritage of the Sudanese peoples.
...
1.25.All Sudanese languages shall be considered national languages that should be equally respected, developed, and celebrated.
Page 8-9, TITLE 1, 7. The National Capital:
7.1. The national capital with its three cities shall constitute a symbol of national unity with the rich cultural and social diversity and numerous faiths and traditions they encompass. This requires taking into account the participation of all people of Sudan to manage this great diversity. Therefore, an administration for the national capital shall be established, taking into consideration the fair representation of Sudanese people, provided that the agreed upon Governance Conference shall decide upon it.
7.2. The national capital is a reflection of the Sudanese nation, and as such shall reflect the national character of Sudan with its diversity and values of citizenship without discrimination. It shall also effectively uphold the interests of all Sudanese, especially citizens who have been residing in it before it became a national capital of Sudan.
7.3. To strike a balance between Khartoum’s status as the capital and as a region/state large parts of which suffer from marginalization, the impact of war, displacement, and environmental and service defaults; an economic, social and cultural plan must be developed to promote coexistence, solve the crises of services, infrastructure, the environment, lands, and the organic linkage between the urban and rural areas of the national capital under a development framework that can restore the productive character of the countryside, that does not turn the capital city into an incubator for displacement without resolution of the issues of the countryside, with development and ending the causes of wars and displacement.
7.4. The Parties agree on the importance of effective participation of the residents of Khartoum State in the state-level government agencies, in ministerial and other executive and legislative positions, and in commissions and high administrative positions in institutions of the state of Khartoum.
7.5. To ensure that the administration of the national capital reflects the diversity of Sudan, the Parties agree that the peace process parties shall participate in the institutions of the national capital administration after deciding on its status in the Governance Conference.
Page 95, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.7. To establish and rehabilitate institutes for teaching indigenous languages, culture, heritage, folklore, and antiquities which reflect diversity and work to develop and promote local cultures and provide them with opportunities at the national, regional, and international levels as an integral part of Sudanese cultures that must be celebrated for all their differences and diversity.
Page 104-105, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, DELEGATION OF POWERS, 65. The Parties agreed that when delegating powers, the state/regional government shall observe the following:
65.1.Creation of management principles and standards at the level of the Two Areas which stress the rights of citizenship without discrimination; reflect diversity, the multiple cultures, and respect for all languages; and promote national unity.
Page 135, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, Education and Human Development Issues
18. The Federal Government shall endeavor to promote and celebrate local languages. Competent national institutions shall consider methods to integrate them into national curricula in the framework of the overall policy for other national languages;
Page 145, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 15. Recognizing, encouraging and celebrating the Nubian language as one of the national languages, provided that competent national institutions consider ways to integrate the language in the national curricula within the framework of the overall policy of other national languages. The Government shall support the establishment of private educational institutes and institutions to teach the Nubian language.
Page 211, TITLE 9, 12. Northern Track Implementation matrix
Activity: Consider ways to integrate the Nubian language in the curricula and establish educational institutes and institutions to teach the Nubian language.
Timing: Immediately upon ratifying the peace agreement
Implementing Party: Government of Sudan
Sources of Funding: Government of Sudan
Composition: Government of Sudan
Procedures: Issue decisions to form a committee to conduct the study
Reference / article: Article 15 (Northern Track Issues)
Page 220, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Cultural diversity
Timing: After ratifying the Peace Agreement
Implementing Party: Government of Sudan
Funding: Transitional Government of Sudan and the state/region government
Composition:
Procedures: 1. Undertake measures and policies for implementation
Reference / article: 30, 31, 32 & 33Land, property and environment→Cultural heritage→PromotionPage 6, TITLE 1, 1. General Principles
1.11.The racial, ethnic, religious, linguistic, and cultural diversity of the Sudanese people is a source of richness for the Sudanese people and, therefore, shall be strengthened, developed, and managed in accordance with the standards that reflect national unity.
Page 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
...
30.1.26.To develop and promote local languages and cultures;
Page 95, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.8. To establish a mechanism, council, or commission to promote the languages of the Two Areas in particular.
...
9.10. The government of the Two Areas shall have the right to name facilities and institutions in order to celebrate and promote the cultural and historic heritage of the peoples of the Two Areas in a way that promotes national unity and removes all legacies that have led to national discord, and to objectively study our common history, including the era of slave trade in order to remove the cultural and moral effects thereof, to strengthen the bonds of citizenship without discrimination, and to promote national unity.
Page 135, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, Education and Human Development Issues
18. The Federal Government shall endeavor to promote and celebrate local languages. Competent national institutions shall consider methods to integrate them into national curricula in the framework of the overall policy for other national languages;
Page 136, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, Cultural Diversity
30. The Federal Government and the state/region government shall commit to promoting cultural diversity in all of the country’s media institutions and organs;
31. The Parties reaffirm that the diversity of languages, cultures and faiths of the people of Sudan is a source of moral strength and inspiration for the Sudanese people, so it should be protected, respected and developed;
32. The Federal Government shall work in coordination with the state/regional government on holding conferences on the issues of culture, cultural diversity and local heritage;
33. The Federal and state/regional government shall work on developing the capacity and upgrading the skills of the youth;
Page 137, TITLE 4. CHAPTER TWO: THE SOCIOECONOMIC ISSUE, General Principles
39. Wealth of the country includes natural and human resources, historic and cultural heritage and financial and non-financial assets;
Page 145, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 14. The protection of antiquities, investigating the crimes of looting and destroying them and restoring the artifacts that have been looted or offered as presents and encouraging tourism.Land, property and environment→Cultural heritage→OtherPage 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
...
30.1.18.[To regulate] cultural affairs within the Region;
Page 21, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 31. Concurrent Powers
31.1.The national federal government and the regional government of Darfur shall have the following executive and legislative powers:
...
31.1.16.Proposing and negotiating international and regional agreements on culture, sports, trade, investments, loans, grants, and technical assistance without prejudice to federal and regional legal systems;
Page 96, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.25.Cultural affairs within the state/region. - EnvironmentPage 8-9, TITLE 1, 7. The National Capital:
7.1. The national capital with its three cities shall constitute a symbol of national unity with the rich cultural and social diversity and numerous faiths and traditions they encompass. This requires taking into account the participation of all people of Sudan to manage this great diversity. Therefore, an administration for the national capital shall be established, taking into consideration the fair representation of Sudanese people, provided that the agreed upon Governance Conference shall decide upon it.
7.2. The national capital is a reflection of the Sudanese nation, and as such shall reflect the national character of Sudan with its diversity and values of citizenship without discrimination. It shall also effectively uphold the interests of all Sudanese, especially citizens who have been residing in it before it became a national capital of Sudan.
7.3. To strike a balance between Khartoum’s status as the capital and as a region/state large parts of which suffer from marginalization, the impact of war, displacement, and environmental and service defaults; an economic, social and cultural plan must be developed to promote coexistence, solve the crises of services, infrastructure, the environment, lands, and the organic linkage between the urban and rural areas of the national capital under a development framework that can restore the productive character of the countryside, that does not turn the capital city into an incubator for displacement without resolution of the issues of the countryside, with development and ending the causes of wars and displacement.
Page 11, TITLE 1, 14. National Issues of Particularity: The Parties agree on the importance of addressing the following national issues of particularity:
14.2.The Environment:
14.2.1.The Parties agree that the government shall commit to establishing the necessary foundations, policies, laws, and implementation mechanisms for addressing and coordinating the environmental sector in order to protect the environment and preserve its overall sustainable balance; to end environmental degradation; to mitigate conflict over resources; and to seek to address the socioeconomic impacts of environmental degradation, climate change, and all environmental causes of conflict as a key and necessary requirement for peacebuilding, maintaining natural resources, and achieving the sustainable development goals. This requires establishing the principle of sustainable institutional and legal reform and professional reform.
Page 20, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative powers to enable it to implement the Peace Agreement as follows:
...
31.1.3.Police, prisons, wild life, and civil defense;
...
31.1.14.Environmental management, protection, and preservation;
Page 23, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, General Principles
8. Development of enforcement structures and institutions for land management that are legally supported by legislation enacted to promote sustainable development and address environmental degradation.
9. Environmental conservation policies shall include promoting the production and development of alternative sources of energy, developing the quality and quantity of the pastoral sector, and developing policies that ensure the optimal utilization of lands and water resources and improving research capacities in these fields.
10. Development of sound foundations for sharing wealth generated from oil, natural gas, and other natural resources in Sudan and directing them to meet the needs of development and the reconstruction of Sudan’s regions/states in general, while prioritizing the marginalized and war-affected regions/states, and paying special attention to the environment.
11. Those foundations shall include the sustainable use of non-renewable resources, such as oil, natural gas, and other fossil fuels, in accordance with the interest of the afflicted regions/states and locals in those areas, while taking into consideration best practices for the environment, including the Guidelines for the Conservation of Bio-Diversity and the Principles of Safeguarding Cultural Heritage.
Page 27, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, 23. Management of Natural Resources
23.1.The regions/states shall be a genuine partner with the federal government in managing natural resources extracted from their lands throughout all the phases of allotment, awarding, contracting, production, and marketing. The regions/states shall hold primary responsibility for the preservation of their environment and shall be entitled to impose conditions to ensure its environmental integrity and that extraction processes do not encroach on the health of citizens.
...
23.4.The federal government and governments of the regions/states shall identify natural resources, the manner and timing of their utilization, issuance of excavation and extraction licenses, negotiation of sales contracts and revenue-sharing with the investing firms, withdrawal of licenses and revocation of contracts, planning of the overall resource development, ensuring workers’ health and safety, and environment protection.
Page 37, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 11. Rights Related to Compensation, Restitution and Reparations
11.7.Individuals and communities have the right to pursue compensation for environmental damages, land degradation, or the damage of property resulting from the conflict, including environmental damages or deterioration resulting from displacement and neglect.
Page 44, TITLE 2. CHAPTER 6: DEVELOPMENT OF THE NOMADS AND HERDEERS SECTOR IN THE DARFUR REGION PROTOCOL, General Principles
4. Recognizing the role of community-based management as a long-standing management legacy that played a significant role in the maintenance of civil peace, local dispute resolution, environment conservation, and addressing issues of relations between land owners and beneficiaries thereof.
Page 45, TITLE 2. CHAPTER 6: DEVELOPMENT OF THE NOMADS AND HERDEERS SECTOR IN THE DARFUR REGION PROTOCOL, 8. The Commission shall develop strategies to address the following issues:
8.2. Development of livestock by applying technical packages, importing animal breeds to improve species, and adopting quality over quantity standards to save efforts spent on managing large unproductive herds that ruin pastures and destroy the natural environment.
...
8.5. Raising awareness of environmental issues in the herder community to curb overgrazing in furtherance of the conservation of the natural environment.
8.6. Spread seeds of grassy vegetation along nomad routes to rebuild the natural environment and provide pastures.
Page 91-92, TITLE 3. CHAPTER 2: FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, 50. The Parties commit to ensuring that the administration and management of the natural resources of Blue Nile shall be under the authority of the federal government and the Blue Nile regional / state government and all the revenues generated from natural resources should be distributed between the regional / state government and the central government in accordance with the provisions of this Agreement and with the following requirements:
50.1.A certain percentage of the revenues from the Roseires Dam and other revenues from natural resources present in the area shall be allocated for the development of the region / state.
50.2.The Parties agree that the transitional government of Sudan shall return all the lands that were taken away from the administrative authority of the Blue Nile region / state, in particular the Northwest triangle of Eastern Agadi and the Dinder National Park in a way that protects the interests of humans, fauna and flora, and biodiversity, natural resources of the park once it is proven it belongs to the Blue Nile region / state.
51. The Parties commit to prioritizing the reconstruction and rehabilitation of the Blue Nile region / state economically and developmentally by:
51.1.Building irrigation schemes using water of the Roseires dam for agricultural projects in the region / state.
51.2.Providing access to electricity for the local population of Blue Nile region/state at low prices.
51.3.Providing compensation for those who were negatively affected by the construction and heightening of the Roseires Dam in the Blue Nile region / state.
52. The Parties need to rectify the historic lack of representation of the residents of the Blue Nile region / state in the governance structure of Sudan through positive discrimination in the federal government and national civil service.
53. The Parties commit to prioritizing issues of land ownership and land usage in the Blue Nile region / state by:
53.1.Reviewing all contracts, decrees of concessions and allocation of land in the region / state. 53.2.Reviewing customary routes of transhumance, services and homesteading for nomads. 53.3.Securing transhumance routes for nomads and working for their settlement in accordance with customary laws and norms.
53.4.Reviewing contracts and mining concessions in the Blue Nile region / state, particularly those for chrome, gold and asbestos, and remedying the shortcomings in contracts, their environmental impact, the compensation and rights of the region / state, as stipulated in the provisions of resource-sharing for the Two Areas.
Page 96, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.34.To develop and maintain an environmental policy that is appropriate for the state/region, while observing international standards, in coordination with the competent national bodies and the department of environment and environmental conservation.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:
10.1.Powers and competencies of police, prisons, wildlife, civil defense, and customs at the level of the Two Areas.
Page 108, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, DEVELOPMENT AND RECONSTRUCTION COMMISSION AND MECHANISM, 84. Land Commission:
84.2.9.Review investment projects in the state/region by conducting technical, economic and environmental feasibility studies.
84.2.10.Review mining contracts and projects in the state/region and address the shortcomings in contracts, environmental impacts, compensation, and the rights of the state/region as provided for in the Two Areas’ resource-sharing provisions.
Page 109, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, DEVELOPMENT AND RECONSTRUCTION COMMISSION AND MECHANISM, 92. The Parties agree to establish a joint committee to regulate, oversee, and monitor the activities of mining, petroleum, and the use of underground resources in the Two Areas and address the environmental and social impacts of such activities, in accordance with national policies and the wealth sharing provisions of this Agreement, while observing the principles of transparency, inclusivity, and participation.
93. Policies and implementation mechanisms shall be established to care for the environment, stop environmental degradation, minimize conflicts over resources, and remedy the impact of policies of past governments that led to environmental degradation and climate change in Sudan.
94. Infrastructure and developmental structures shall be improved and the necessary funding and modern technology shall be secured to enable farmers and herders to overcome the impacts of climate change and secure decent livelihoods.
95. The Parties commit to taking environment and climate change issues into consideration in all policies, plans, programs, and projects necessary for implementation in the final peace process and building sustainable peace.
Page 110, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, NATIONAL PROJECTS IN THE STATE/REGION, 98. The population of the Blue Nile shall be compensated for the environmental damage induced by constructing the Roseires Dam and compensation to those afflicted thereof shall be reviewed to redress them with the appropriate compensation.
Page 135, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, Health Issues
27. The Government shall commit to conducting an integrated study on the environmental and health impacts resulting from the use of asbestos in houses’ roofs and water networks in New Halfa area and introducing the necessary remedies;
Page 137, TITLE 4. CHAPTER TWO: THE SOCIOECONOMIC ISSUE, 45. The Parties shall commit to working together to maintain a clean and healthy natural environment;
Page 145, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 8. Creating a specialized technical committee for investigating and verifying the burial of atomic and electronic waste, with technical support from the International Atomic Energy Agency and the guidance and help of local communities in the two states/northern region.
Page 146, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 17. Regulating and controlling mining and addressing its issues and adverse impacts. Enacting a law preventing the use of materials harmful to the environment such as cyanide and mercury.
18. Studying and addressing the negative impacts of the Merowe Dam, including:
18.1.Creating a specialized technical committee to study the problem of flooded areas at a long radius around the lake of the dam, where dangerous marine phenomena started to emerge, such as a rise in the level of underground water to be found at depths that range from 60 centimeters to 3 meters at most in those areas which led to the collapse of over 2000 houses and declaring the area a disaster-stricken area, such as al-Suwikat area.
18.2.Creating a specialized technical committee to review the technical feasibility of Merowe Dam, risks resulting therefrom and risks anticipated due to the rising level of underground water and earthquakes to reach a decision about keeping the dam.
18.3.Creating a committee from both Parties to estimate damages and estimate and pay compensations for the afflicted people, to avoid the anticipated adverse effects and prepare early precautions for the anticipated catastrophic consequences and defining places for future displacement within the state.
Page 146, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 20. Addressing the problems of desertification and the environment and their impact on agrarian and residential lands and the Nile riverbed.
21. Creating an independent and specialized committee to investigate the incidents of burning palm trees, bringing perpetrators to justice and endeavoring to preserve the country’s wealth of palm trees.
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23. Evaluating cement factories and ensuring their conformity to international specifications, observance of environmental safety requirements and obliging them to undertake their duty of social responsibility
Page 150, TITLE 6. 3. Development, Services, and Revenues
The Government of Sudan shall commit to the following:
3.2. Establish specialized centers to combat epidemics and endemic diseases in hot areas, as well as maternity and children’s centers.
Page 166, TITLE 9, 1. National Issues Implementation matrix
Activity: Introduce the necessary policies and laws and establish implementation mechanisms for protecting the environment and preserving its balance
Timing: Continues after signing the Final Agreement
Implementing Party: Government of Sudan
Source of Funding:
Composition:
Procedures: Issue decisions to establish mechanisms and adopt policies to protect the environment
Reference article: 14.2.1
Page 201, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Introduce policies and establish implementation mechanisms to care for environmental issues
Timing: After signing the peace agreement
Implementing Party: Transitional Government of Sudan and the state / regional government
Source of Funding: Transitional Government of Sudan
Composition: Government of Sudan and the state / regional government
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Articles 93 to 95
Page 204, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Address adverse side effects of oil excavation and gold mining activities
Timing: After forming the state / regional government
Implementing Party: Transitional Government of Sudan and the state / regional government
Source of Funding: Transitional Government of Sudan and the State / Regional Government
Composition:
Location: the Two Areas
Procedures, Method & Criteria:
Reference article: Article 48.3
Page 209, TITLE 9, 12. Northern Track Implementation matrix
Activity: Address land, dams and environmental issues and provide reparations
Timing: Immediately upon ratifying the peace agreement
Implementing Party: Government of Sudan and local communities
Sources of Funding: Government of Sudan
Composition: The mechanisms
Procedures: Issue decisions and establish mechanisms
Reference / article: Article 17 General Principles , Article 3 and sub-paragraphs (Northern Track Issues)
Page 210, TITLE 9, 12. Northern Track Implementation matrix
Activity: Form a specialized technical committee to investigate and verify the burial of atomic and electronic waste
Timing: Immediately upon ratifying the peace agreement
Implementing Party: Government of Sudan
Sources of Funding: Government of Sudan
Composition: With the help of International Atomic Energy Agency and local communities
Procedures: Issue the decision to form the technical committee
Reference / article: Article 8 (Northern Track Issues)
Page 211, TITLE 9, 12. Northern Track Implementation matrix
Activity: Regulate and control mining and address its adverse impacts
Timing: After ratifying the peace agreement
Implementing Party: Government of Sudan
Sources of Funding: Government of Sudan
Composition: Government of Sudan
Procedures: Enact the necessary laws
Reference / article: Article 17 and its subparagraphs (Northern Track Issues)
Page 212, TITLE 9, 12. Northern Track Implementation matrix
Activity: Address the negative impacts of Merowe Dam
Timing: After ratifying the peace agreement
Implementing Party: Government of Sudan
Sources of Funding: Government of Sudan
Composition: Government of Sudan and the Parties
Procedures: Issue decisions to form the committees
Reference / article: Article 18 and its subparagraphs (Northern Track Issues) - Water or riparian rights or accessPage 21, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 31. Concurrent Powers
31.1.The national federal government and the regional government of Darfur shall have the following executive and legislative powers:
...
31.1.11.Electricity generation and water and waste management;
...
31.1.23.Water resources except those belonging jointly to regions;
Page 23, TITLE 2. CHAPTER 2: WEALTH SHARING PROTOCOL, General Principles
9. Environmental conservation policies shall include promoting the production and development of alternative sources of energy, developing the quality and quantity of the pastoral sector, and developing policies that ensure the optimal utilization of lands and water resources and improving research capacities in these fields.
Page 37, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 11. Rights Related to Compensation, Restitution and Reparations
11.9.No individual or group may be stripped of the traditional and historic right in land ownership or access to water, unless consulted or provided with fair compensation.
Page 41, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL
4. Suitable Conditions for Return
4.1. With the assistance of the concerned international and domestic institutions, the Parties agree to create the political, economic, social, and security conditions conducive to the voluntary return and acceptable reintegration of IDPs and refugees, without giving preference to any particular group. These conditions shall include, but not be limited to:
...
4.1.8.Guaranteed subsistence for all returnees, especially food, potable water, and health supplies;
Page 46, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, General Principles
1. Recognizing the traditional rights to the ownership of tribal lands (known as Hawakeer) and the historic rights related to lands and the traditional and customary livestock routes and opportunities to access water.
Page 75, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 33. Reform, Development, and Modernization of the Military Establishment and Other Security Services
33.5.The Parties agree on the following:
33.5.10.To undertake logistic preparation of operation fields including constructing roads, airports, heliports, marine bases, defense sites, command and control centers, and water and power sources among other things;
Page 91-92, TITLE 3. CHAPTER 2: FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, 50. The Parties commit to ensuring that the administration and management of the natural resources of Blue Nile shall be under the authority of the federal government and the Blue Nile regional / state government and all the revenues generated from natural resources should be distributed between the regional / state government and the central government in accordance with the provisions of this Agreement and with the following requirements:
50.1.A certain percentage of the revenues from the Roseires Dam and other revenues from natural resources present in the area shall be allocated for the development of the region / state.
50.2.The Parties agree that the transitional government of Sudan shall return all the lands that were taken away from the administrative authority of the Blue Nile region / state, in particular the Northwest triangle of Eastern Agadi and the Dinder National Park in a way that protects the interests of humans, fauna and flora, and biodiversity, natural resources of the park once it is proven it belongs to the Blue Nile region / state.
51. The Parties commit to prioritizing the reconstruction and rehabilitation of the Blue Nile region / state economically and developmentally by:
51.1.Building irrigation schemes using water of the Roseires dam for agricultural projects in the region / state.
51.2.Providing access to electricity for the local population of Blue Nile region/state at low prices.
51.3.Providing compensation for those who were negatively affected by the construction and heightening of the Roseires Dam in the Blue Nile region / state.
52. The Parties need to rectify the historic lack of representation of the residents of the Blue Nile region / state in the governance structure of Sudan through positive discrimination in the federal government and national civil service.
53. The Parties commit to prioritizing issues of land ownership and land usage in the Blue Nile region / state by:
53.1.Reviewing all contracts, decrees of concessions and allocation of land in the region / state. 53.2.Reviewing customary routes of transhumance, services and homesteading for nomads.
53.3.Securing transhumance routes for nomads and working for their settlement in accordance with customary laws and norms.
53.4.Reviewing contracts and mining concessions in the Blue Nile region / state, particularly those for chrome, gold and asbestos, and remedying the shortcomings in contracts, their environmental impact, the compensation and rights of the region / state, as stipulated in the provisions of resource-sharing for the Two Areas.
Page 96, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.38.[To manage] irrigation and establish water harvesting projects for the state/region.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.17.Transboundary water resources of the state/region.
Page 99, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.30.Managing the Nile waters and cross-border waters.
Page 110, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, NATIONAL PROJECTS IN THE STATE/REGION, 98. The population of the Blue Nile shall be compensated for the environmental damage induced by constructing the Roseires Dam and compensation to those afflicted thereof shall be reviewed to redress them with the appropriate compensation.
Page 138, TITLE 4, CHAPTER TWO: THE SOCIOECONOMIC ISSUE, Developing and Managing Natural Resources and Infrastructure
50. The Federal Government shall work on achieving the balanced, integrated and sustainable development goals in coastal areas of historic, economic and national importance and the fisheries and marine resources thereof and ensuring their protection and development;
51. The government shall work on reviewing financing policies for specialized banks, especially in the domain of agriculture;
52. In the context of positive discrimination, the government shall build internal paved roads which constitute an important piece of infrastructure for the desired development in Port Sudan, Kassala and Al-Qadarif, in addition to airports and heliports;
53. Paying attention to tourism in the region as an important resource for the economy by improving the necessary infrastructure and reviewing investment laws;
54. Addressing the problems of electricity in the state/region and improving the sources of energy by introducing sources of alternative energy and linking rural areas on the red sea, Kassala and al-Qadarif with the national grid.
55. The Government shall commit to addressing the problem of water in Port Sudan definitively from the Nile and al-Qadarif through Setit Dam and Kassala water harvesting projects;
Page 139, TITLE 4, CHAPTER TWO: THE SOCIOECONOMIC ISSUE Issues of Lands, Dams and Displaced Persons
64. Creating a committee for revising the contracts of building the dams of upper Atbara River and Setit.
Page 147, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 34. Providing communication services. The Sudanese state shall commit to providing pure drinking water for the displaced persons of Amri.
Page 227, TITLE 10. (A): JUBA DECLARATION FOR TRUST-BUILDING MEASURES AND PRE-NEGOTIATION PRINCIPLES
C- The Government delegation has agreed to implement the following:
2- Review of decisions issued in relation to dam lands and decision No. 206 on lands granted to investors in the Northern State.
Page 201, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Compensate the individuals affected by the Roseires Dam
Timing: After signing the peace agreement
Implementing Party: Transitional Government of Sudan and the state / regional government
Source of Funding: Transitional Government of Sudan and the state / regional government
Composition:
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 98
Page 202, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish Irrigated agriculture projects within the state / region of Blue Nile
Timing: After signing the peace agreement
Implementing Party: Transitional Government of Sudan and the state / regional government
Source of Funding: Transitional Government of Sudan
Composition: Government of Sudan and the state / regional government
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 101
Page 209, TITLE 9, 12. Northern Track Implementation matrix
Activity: Address land, dams and environmental issues and provide reparations
Timing: Immediately upon ratifying the peace agreement
Implementing Party: Government of Sudan and local communities
Sources of Funding: Government of Sudan
Composition: The mechanisms
Procedures: Issue decisions and establish mechanisms
Reference / article: Article 17 General Principles , Article 3 and sub-paragraphs (Northern Track Issues)
Page 210, TITLE 9, 12. Northern Track Implementation matrix
Activity: form a committee to study the request to cancel the construction of (Dal, Kajbar and al-Shereyk) dams
Timing: Immediately upon ratifying the peace agreement
Implementing Party: Government of Sudan
Sources of Funding: Government of Sudan
Composition: The Parties and local communities
Procedures: Issue the decision to form the committee
Reference / article: Article 4 (Northern Track Issues)
Page 210, TITLE 9, 12. Northern Track Implementation matrix
Activity: Implement the unimplemented obligations of the Nile Waters and the High Dam agreements
Timing: To begin after ratifying ratifying the peace agreement and end before the end of the transitional period
Implementing Party: Government of Sudan
Sources of Funding: Government of Sudan
Composition: Government of Sudan and Stakeholders
Procedures: Review the work of past committees and conduct the necessary studies
Reference / article: Article 9 (Northern Track Issues)
Page 211, TITLE 9, 12. Northern Track Implementation matrix
Activity: Work to allocate a share of the revenue of Merowe Dam
Timing: After ratifying the peace agreement
Implementing Party: The Parties
Sources of Funding: Government of Sudan
Composition:
Procedures: Issue law for sharing, allocating, and monitoring financial revenue
Reference / article: Article 12 (Northern Track Issues)
Page 212, TITLE 9, 12. Northern Track Implementation matrix
Activity: Address the negative impacts of Merowe Dam
Timing: After ratifying the peace agreement
Implementing Party: Government of Sudan
Sources of Funding: Government of Sudan
Composition: Government of Sudan and the Parties
Procedures: Issue decisions to form the committees
Reference / article: Article 18 and its subparagraphs (Northern Track Issues)
Page 212, TITLE 9, 12. Northern Track Implementation matrix
Activity: Address the problems of desertification and the environment and their impact on agrarian and residential lands and the Nile riverbed
Timing: After ratifying the peace agreement
Implementing Party: Government of Sudan and local and international environmental organisations
Sources of Funding: Government of Sudan
Composition: Government of Sudan and the Parties
Procedures: Issue decisions to form committees composed of the Parties
Reference / article: Article 20 (Northern Track Issues)
Page 221, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Address water problems in the states/region of Eastern Sudan
Timing: After ratifying the Peace Agreement
Implementing Party: Government of Sudan and the state/regional government
Funding: Transitional Government of Sudan
Composition:
Procedures: Institute policies and studies and make decisions
Reference / article: 54
Page 222, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Issues of lands, dams and displaced personsTiming: After ratifying the Peace Agreement
Implementing Party:
Funding:
Composition: the Parties
Procedures: -Address border issues with Ethiopia and conclude the issue of Halayeb
- Issue a decision creating a regional land commission
- Issue a decision to review land settlement and registration laws
- Issue a decision creating an investigation committee regarding displaced persons
- Issue a decision to revise investment contracts
- Issue a decision to form a committee to revise the contracts of Upper Atbara and Setit
- Issue a decision to address the situation of displaced persons
Reference / article: 57, 58, 59, 60, 61, 62 and 63
Security sector
- Security GuaranteesPage 40, Title 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 4. Suitable Conditions for Return
4.1. With the assistance of the concerned international and domestic institutions, the Parties agree to create the political, economic, social, and security conditions conducive to the voluntary return and acceptable reintegration of IDPs and refugees, without giving preference to any particular group. These conditions shall include, but not be limited to:
4.1.1.Security and safety of IDPs and refugees and being free from the risk of harassment, intimidation, persecution or discrimination, both during and after voluntary return, local integration, or resettlement;
...
4.1.3.Demining of areas of return and access routes to markets, schools, health services, sanitation, and any other place;
Page 49, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, Preamble
MOTIVATED by our deep awareness of the urgent need for final security arrangements that address the root causes of war and build a rapid plan of action to address the humanitarian crisis in Sudan in general and in Darfur in particular and to provide for the necessary relief and aid, rehabilitate, save, protect, and voluntarily resettle IDPs and refugees.
Page 50, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 7. Purpose and Objectives.
7.1. The purpose of this agreement is to be a single comprehensive agreement for all security issues and arrangements for the Darfur Track, including the following matters:
7.1.1.Continuation of the Cessation of Hostilities for Humanitarian Purposes;
7.1.2.Permanent ceasefire;
7.1.3.DDR;
7.1.4.Final security arrangements;
7.1.5.Reform, development, and modernization of the security sector.
...
7.2.3.To reach a negotiated and comprehensive agreement on security arrangements and sector reforms that are conducive to new final security arrangements in Sudan, in furtherance of durable peace and political transition.
7.2.4.To reform, develop, and modernize the Sudanese military establishment and other security institutions, and to construct a new unified military doctrine in order to improve their capacities, effectiveness, impartiality and professionalism and ensure that their sizes and structures reflect the needs and interests of the Sudanese state and people;
7.2.5.The security arrangements agreement is closely linked with the implementation of the political agreement.
Page 50, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 9.Guiding principles for the final security arrangements, reform, development and modernization of security sector.
9.1. Continuation of the Cessation of Hostilities for Humanitarian Purposes is a necessary step for building confidence, confirming the Parties’ commitment to pursue a peaceful resolution of the conflicts in Sudan, and continuing and completing negotiations for peace and permanent security arrangements as part of Sudan’s political transition;
9.2. The Parties shall remain continuously committed to addressing the humanitarian situation in Darfur as a critical and necessary element of the effort to move forward with final security arrangements and security sector reform and development as part of the broader reforms within the Sudanese peace process;
9.3. All agreements on and arrangements for the cessation of hostilities or permanent ceasefire, or for security arrangements and all other reforms shall also serve to facilitate or ensure safe, immediate, and unhindered humanitarian access;
9.4. The Parties shall create appropriate security conditions for the unimpeded flow of humanitarian assistance and goods;
9.5. The Parties agree that achieving a permanent ceasefire through negotiations will result in final security arrangements and reforms, development, and modernization of the military institution and other security services/security sector, and achievement of a durable peace and political transition in Sudan;
9.6. Establishing security forces and a single national army trusted by the local communities across Sudan, especially in the conflict areas, is a key element to establishing peace, security, and sustainable development in Sudan;
9.7. The Parties agree to reform, develop, and modernize the military establishment and other security services/the security sector, provided that there are short and long-term reforms in furtherance of the objectives and provisions of this agreement, supporting the establishment of a permanent, professional, and independent system to improve their capacity, effectiveness, impartiality, inclusiveness, and professionalism, as well as to strengthen the rule of law in Sudan in accordance with international law and best practices and to establish armed forces that represent the diversity of Sudan and are capable of defending Sudan against foreign enemies and maintaining the sovereignty and territorial integrity of Sudan;
9.8. The comprehensive long-term security reforms shall particularly focus on ensuring that the Sudanese armed forces and other security institutions are not loyal to any single party, group, tribe, or region but instead owe allegiance to the state of Sudan.
9.9. The Parties shall engage in a transparent and internationally supervised program for the disarmament, demobilization, and reintegration of forces that will eventually lead to the reintegration of combatants and fighters who have not been included in the integration program;
9.10.The Parties shall ensure representation of women in structures of the military institution and other security services/security sector and in related decision-making entities, as well as in the reform, development, and modernization of the military establishment and other security services/the security sector.
9.11.The Parties shall work together to request from the international community technical, material, and financial assistance necessary for successful implementation of the Cessation of Hostilities for Humanitarian Purposes, a permanent ceasefire, DDR, and peacebuilding;
9.12.For purposes of this agreement, the military establishment and security services/the security sector in Sudan shall mean the following:
9.12.1.“The military establishment” including the Sudanese Armed Forces and the Rapid Support Forces;
9.12.2.The unified Sudanese police forces;
9.12.3.The General Intelligence Service;
9.13.The Parties commit to promoting geographic and social diversity and employing equal opportunity policies in the membership of the Armed Forces and other security services within the security sector, while applying the principle of positive discrimination in favor of war-affected areas;
10. Phases of the Final Security Arrangements.
10.1.Phase One: continuation of the Cessation of Hostilities for Humanitarian Purposes, leading to a permanent ceasefire agreement;
10.2.Phase Two: implementation of the permanent ceasefire agreement and other comprehensive security arrangements and implementation of the program of integration in the military establishment institution and other security services;
10.3.Phase Three: implementation of the DDR program;
10.4.Phase Four: implementation of the reform, development, and modernization plan for the military establishment institution and security services (security sector).
Page 53-54, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 14. General Provisions and Principles of the Permanent Ceasefire
14.4.The permanent ceasefire agreement must ensure freedom of mobility for people, particularly civilians, commodities, and services across Sudan as well as opening border crossings with neighboring countries in accordance with the agreements signed with them and the necessary security measures;
...
14. General Provisions and Principles of the Permanent Ceasefire
14.11.To reach a credible ceasefire that promotes security and builds confidence, these processes shall be undertaken mutually, in incremental steps, and with appropriate security guarantees;
...
14.17.The Government of Sudan shall be committed to combating unregulated armed elements.
Page 54, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 17. Permissible Acts
17.1.1.Demining and elimination of military threats must be undertaken in cooperation with, and agreement between, the Parties based on agreed timetables and mechanisms and with the participation of a third party, the Mediation, the United Nations, and guarantors of this agreement;
Page 59, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 25. Command and Control Mechanisms
25.5.The Joint High Military Committee for Security Arrangements.
25.5.1.Immediately upon signing this agreement, the Parties shall create the Joint High Military Committee for Security Arrangements;
25.5.2.Functions of the Joint High Military Committee for Security Arrangements.
25.5.2.1.To supervise, monitor, and verify the implementation of the agreement. It shall serve as the main mechanism for decision-making and disputes resolution;
25.5.2.2.To urge the Parties to rise to the level of their commitments pursuant to the agreement;
25.5.2.3.To brief the Parties on the latest progress achieved in terms of the implementation of the agreement;
25.5.2.4.To coordinate with other relevant domestic and international parties;
25.5.2.5.To receive complaints from the third party, resolve disputes arising from the violations of the ceasefire based on the reports of the Ceasefire Committee, refer issues that could not be resolved to the Joint High Council for Implementing the Final Peace Agreement;
25.5.2.6.To take measures to address violations;
25.5.2.7.To encourage confidence building between the Parties and briefing the IGAD, the AU and the UN on the ceasefire implementation as necessary;
25.5.2.8.To take committee decisions by consensus;
25.5.2.9.The committee shall be headquartered in Khartoum and it shall have bylaws to regulate its actions;
25.5.2.10.To take note and make decisions on all reports provided or submitted by the Ceasefire Committee and the Humanitarian Committee;
25.5.2.11.To assist the containment and classification committees and the technical reintegration committees;
25.5.2.12.To submit a status report on the implementation of and compliance with the agreement directly to the Joint High Council.
25.5.2.13.To exercise command and control over mechanisms and security arrangements committees.
25.5.2.14.To supervise the reintegration of the forces of the armed struggle movements/ Darfur Track into the Armed Forces, the Rapid Support Forces, the unified police forces, and the General Intelligence Service in accordance with the criteria agreed upon with the benefit of past experiences.
25.5.2.15.To undertake any other relevant functions.
Page 62, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.1.The Parties agree to integrate the forces of the signatory armed struggle movements in the military establishment and security services;
...
26.5.The Parties agree to keep the integrated forces of the armed struggle movements in Darfur for a period of (40) forty months from the date of the signing of this agreement, which may be extended if deemed necessary for security and humanitarian reasons in the region. After this period, the forces shall be deployed according to the strategic deployment plan of the Armed Forces.
...
26.7.The Parties agree to establish a Joint High Council chaired by the commander-in-chief of the Armed Forces, with the membership of the commander of Rapid Support Forces, Minister of Defense, Minister of the Interior, the Chief of Staff, the Director General of the Police, Director General of the General Intelligence Service, head of the Military Intelligence Authority and heads of the armed struggle movements for supervision, monitoring, evaluation, and follow up on the implementation of integrating the forces of the armed struggle movements and evaluating the security and humanitarian situation in Darfur. The Joint High Council shall hold periodic meetings. It shall, among other functions, form a mechanism to address the issue of war prisoners and missing persons of both Parties.
Page 63, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.14.3.Military training shall take place in the training centers of the Armed Forces and security forces in accordance with the specified period (which shall not be less than four months), in accordance with the agreed upon timelines and the training centers;
26.14.4.After completing basic military training, graduates shall be integrated into the formations and units of the Sudanese Armed Forces and security forces according to the agreed upon principles, criteria, and timelines;
26.14.5.All procedures of Assembly, quartering, inventory, classification, weapons storage, training, and integration of combatants shall be implemented in accordance with the specified timetable;
26.14.6.The Parties shall agree on a schedule for the timelines of every activity to be undertaken in each phase of the Darfur Track security arrangements.
Page 65, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 27. The Police
27.9.The Joint Police Technical Committee shall submit its recommendations to the Joint High Committee for Security Arrangements for approval and adoption and submission thereof to the Joint High Council.
Page 66, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 27. The Police
27.13.3.Undertake all internal security operations, including securing strategic and vital facilities and protecting important persons;
Page 67, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 28. The General Intelligence Service
28.7.The General Intelligence Service shall have the following competencies:
28.7.1.Preserve the national security of Sudan, protect its constitution, social fabric, and the safety of its citizens from any threat, in coordination with other regular forces; 28.7.2.Collect, analyze, and evaluate information related to the security of Sudan and recommend taking the necessary precautionary measures;
28.7.3.Undertake the necessary search and investigation to reveal any conditions, facts, activities, or elements that may infringe upon the national security and safety of Sudan, in accordance with the provisions of the law;
28.7.4.Provide opinions, advice, consultation, and services in the areas of security and intelligence to the different state apparatuses, so as to ensure the safety and security of the state;
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28.7.7.Cooperate with counterpart or friendly agencies in exchanging information and countering terrorism or acts that threaten common order and security or any matter related to foreign security;
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29.5.Functions of the Security Keeping Force in Darfur.
29.5.1.Undertaking the constitutional, moral, and political responsibility of the Government of Sudan in protecting civilians;
29.5.2.Filling the potential security vacuum after the departure of the UNAMID forces;
29.5.3.Contribution of the armed struggle movements in maintaining security and building the trust of civilians;
29.5.4.Supporting civil defense in cases of environmental emergencies and natural disasters;
29.5.5.Collecting arms and regulating non-licensed vehicles;
29.5.6.Contributing to the combat of organized crime;
29.5.7.Protecting and helping civilians, abiding by international humanitarian law and international human rights law to end violence threatening life and individuals;
29.5.8.Deploying police forces to secure villages for voluntary return, IDP camps, confirming their civil status, working to disengage parties to tribal conflicts, securing IDP camps in coordination with the management thereof, and preventing recruitment, especially among children;
29.5.9.Creating an appropriate environment for humanitarian action in areas of return for IDPs and refugees by facilitating and protecting access to national, foreign, governmental, and non-governmental aid organizations;
29.5.10.Supporting and deploying military and police cadres capable of rapid response and deterrence;
29.5.11.Helping to secure a protective environment for civilians through the protection of general prosecution offices, branch police stations, motor and on-foot police patrols, and humanitarian aid convoys;
29.5.12.Preparing the environment for promoting the values of dialogue and peaceful coexistence among tribes and open tracks in areas in which farmers and herders clash;
29.5.13.Providing security for the return of IDPs and refugees and providing security and protection in their areas of return;
29.5.14.Maintaining security and stability in Darfur.
29.6.The security keeping force in Darfur shall operate for a renewable period of 24 months.
29.7.The security keeping force in Darfur shall be treated equally in the administrative and logistical aspects, as part of the military establishment and security services.
29.8.The command within the security keeping force in Darfur shall be based on military seniority;
29.9.The security keeping force command in Darfur shall submit its reports to the Joint High Council;
29.10.Command of the security keeping force in Darfur shall be headquartered in al-Fashir and it shall be responsible for command and control over the security keeping force in Darfur.
29.11.Tasks of the Security Keeping Force in Darfur.
29.11.1.Coordinating between the Security Keeping Force in Darfur, the security committees of Darfur states, and the Ceasefire Committee;
29.11.2.Command and control over the security keeping force in Darfur in a sector-based manner in the Darfur region/states;
29.11.3.Issuing orders and directions to the Force;
29.11.4.Providing the necessary technical and logistical support;
29.11.5.Any other relevant functions.
Page 89, TITLE 3, CHAPTER 2: FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS, ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS, BLUE NILE, Confidence-building measures for implementation
57. The Parties commit to immediate implementation of confidence-building measures, including the following:
57.5. Achieving detailed political and security arrangements for the Two Areas that ensures the fair and effective representation of the Two Areas.
Page 111-12, TITLE 3, CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Permanent Ceasefire Arrangements
General Principles:
5. The Parties agree that after achieving final peace and completing the security arrangements (integration and DDR), the military institution and security services shall be restructured as part of a plan to reform and restructure state institutions in accordance with the Constitutional Charter and the Final Peace Agreement.
6. The final and sustainable peace process requires comprehensive security arrangements in Sudan and in the Two Areas to achieve peace, democracy and stability in Sudan.
...
12. The Parties agree upon the procedures required to be undertaken to support the implementation of the objectives and provisions of the security arrangements agreement.
...
14. Security arrangements are closely linked to the implementation of the political agreement.
Page 164, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 20. Prohibited Acts
20.13. Bias alignment of any member of the signatory Parties towards their respective tribes, in the event of a tribal conflict. - CeasefireSecurity sector→Ceasefire→Ceasefire provisionPages 111-119, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE'S LIBERATION MOVEMENT - NORTH/ THE SUDAN REVOLUTIONARY FRONT, Permanent Ceasefire Arrangements
[This section in its entirety is ceasefire provision].
Page 154, TITLE 7. Preamble
Willing to implement a comprehensive ceasefire and the processes of disarmament, demobilization, reintegration, and integration of the forces the Third Front - Tamazuj into the Sudanese military establishment.
Page 152, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, Objectives of the Agreement
7. This agreement aims to serve as a framework conducive to a permanent ceasefire and the integration of forces of the Third Front-Tamazuj into the Sudanese military establishment and other security services, to ultimately reach a just, comprehensive, and durable peace in Sudan.
Page 152, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, Entry into Force and Duration of the Agreement
12. This agreement shall enter into force and become valid and binding for the Parties as of the date of its signing.
13. This agreement shall continue to be valid until the completion of the reintegration process and the integration of Third Front-Tamazuj members who are deemed fit for service into the Sudanese military establishment. Afterwards the Third Front-Tamazuj forces shall be integral part of the military establishment and regular services pursuant to the Agreement.
Page 152, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 14. Identification of The Parties
14.1. The Parties to this agreement are:
14.2. The Transitional Government of Sudan (first party);
14.3. Third Front-Tamazuj (second party).
Page 152, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 15. Permanent Ceasefire Procedures:
15.1. The Parties shall sign this agreement and declare a permanent ceasefire that shall enter into force within 72 hours of its signing.
Page 153, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 16. Elements Required in the Permanent Ceasefire Agreement.
17. The permanent ceasefire agreement shall, among other things, stipulate the following:
17.1. Actions prohibited by the cessation of hostilities stipulated in this agreement.
17.1.1. Identification of acts, activities, or breaches that shall constitute violations to the ceasefire agreement and methods to address these violations.
17.1.2. Formation of a specialized command and control committee to undertake the assembly, training, and integration program necessary to ensure the effective implementation of a permanent ceasefire agreement, and addressing violations, if any, via the specialized committee.
17.1.3. The sequenced procedures and timetables for the implementation of a permanent ceasefire and security arrangements.
17.1.4. Any other issues necessary to support the ceasefire and security arrangements provided for in this agreement.
Page 153, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 18. The Geographic Scope of the Permanent Ceasefire
18.1. The geographic scope of the ceasefire shall be the areas where the forces of SPLA-N/3rd Front signatory to this agreement are present.
Page 153, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 19. Permissible Acts
19.1. Due to the adverse effects of war, the main principle underlying permissible acts shall be work toward mitigating the effects of war on civilians and affected areas and encourage public support for peace. Permissible acts shall include the following:
19.1.1. Demining and elimination of military threats in accordance with agreed timetables
and mechanisms and with the participation of the competent authorities.
19.1.2. Development activities such as constructing roads and restoring bridges, crossings, railroads, airports and heliports.
19.1.3. Socioeconomic activities such as assisting the freedom of movement of people, goods and services.
19.1.4. Freedom of movement for unarmed soldiers in civilian attire who are on leave, on sick leave, or are visiting their families pursuant to an authorization issued by the competent authority.
19.1.5. Supplying non-combat material, such as food, water, medicine, fuel, lubricating oils, office stationary, clothing, and all administrative needs and movements.
19.1.6. Training and retraining of the troops integrated into the military institution and other regular services.
19.1.7. Humanitarian action by facilitating the flow of relief and humanitarian assistance in accordance with the agreed regulations.
19.1.8. Medical evacuation.
19.1.9. Routine movements of the Armed Forces, to secure international borders and confront national security threats.
Page 153-154, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 20. Prohibited Acts.
20.1. Military activities, including military movements, reconnaissance, hostile reinforcements, recruitment, mandatory conscription and military exercises, except those authorized by the competent committee.
20.2. Military ground operations between the Parties to the Agreement.
20.3. Laying landmines and undertaking other acts of sabotage.
20.4. Using force and violence against civilians and subjecting them to maltreatment, including sexual violence against women, which constitute a violation of international law and relevant domestic law.
20.5. Hostile propaganda and psychological warfare from within the country or from abroad.
20.6. Occupying new positions.
20.7. Mandatory conscription or any inclination towards unauthorized mobilization.
20.8. Recruiting child soldiers.
20.9. Provocative and hostile actions that could lead to a confrontation.
20.10. Violating human rights and international humanitarian law and obstructing the freedom of movement.
20.11. Espionage, sabotage and vandalism aimed at undermining the Agreement.
20.12. Obstructing the freedom of movement of the oversight and monitoring mechanisms in implementing their mandated tasks.
20.13. Bias alignment of any member of the signatory Parties towards their respective tribes, in the event of a tribal conflict.
20.14.Acts of violence and attacks against personnel of international organizations and humanitarian aid organizations.
20.15. Individuals can only move after submitting a prior notice and shall move without arms in civilian attire.
20.16. Forces may not exercise any powers of the civilian authority.
20.17. Forces may not object to any social, humanitarian, or societal services provided by the competent authorities.
20.18. Encourage or enable the presence of foreign forces without agreements or treaties with the Government of Sudan.
20.19. All acts of hostility, harassment, or intimidation against military personnel or civilians affiliated with either party, including harassment through unjustified detention.
20.20. Any other acts that may delay the natural progress of the permanent ceasefire.
Page 194, TITLE 9, 9. Darfur Track Permanent Ceasefire and Security Arrangements Implementation Matrix
(14) Activity: Commence arrival of the forces of the armed struggle movements to Assembly areas
Timing: D-Day + 45
Implementing Party: The Parties and competent committees
Funding: Government of Sudan
Procedures: Coordination
Reference: Article 26.17.9
...
(17) Activity: Submit lists of combatants of the armed struggle movements and begin entering Assembly areas
Timing: D-Day + 45
Implementing Party: The Ceasefire Committee
Procedures: Submit lists
Reference: Articles 23.5 & 23.6
...
(19) Activity: Submit manifests of missing names of combatants of the armed struggle movements within a percentage of 10% of the main list.
Timing: D-Day +45 until D-Day +66
Implementing Party: The Ceasefire Committee
Procedures: Submit manifests
Reference: Articles 23.7Security sector→Ceasefire→General commitmentsPage 46, TITLE 2. CHAPTER 8 makes substantial provision for ceasefire arrangements. The section describes the ceasefire as permanent and in regard to the timetable, see the following provision:
Page 49, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, PERMANENT CEASEFIRE, COMPREHENSIVE SECURITY ARRANGEMENTS AND IMPLEMENTATION OF INTEGRATION PROGRAMS IN THE MILITARY ESTABLISHMENT AND OTHER SECURITY SERVICES, 12. Permanent Ceasefire
12.1.The Parties shall sign a negotiated permanent ceasefire agreement that is consistent with all of the provisions and stipulations of this agreement. It shall go into force within 72 hours of signing this agreement.
The provisions in this section also refer to the commitment of parties to an earlier renewal agreement on the cessation of hostilities, which holds parties to a ceasefire until this ceasefire is in effect (see an entry in 'Other agreements). - PolicePage 21, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 31. Concurrent Powers
31.1.The national federal government and the regional government of Darfur shall have the following executive and legislative powers:
...
31.1.3.Police, prisons, wild life, and civil defense;
Page 52, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 9.Guiding principles for the final security arrangements, reform, development and modernization of security sector.
9.12.For purposes of this agreement, the military establishment and security services/the security sector in Sudan shall mean the following:
...
9.12.2.The unified Sudanese police forces;
Page 54, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 14. General Provisions and Principles of the Permanent Ceasefire
14.16.The Parties acknowledge that the primary responsibility for enforcing law and maintaining public safety falls with a recognized police authority that carries out its duties in accordance with the law and acceptable standards;
Page 59, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 25. Command and Control Mechanisms
25.5.2.Functions of the Joint High Military Committee for Security Arrangements.
25.5.2.14.To supervise the reintegration of the forces of the armed struggle movements/ Darfur Track into the Armed Forces, the Rapid Support Forces, the unified police forces, and the General Intelligence Service in accordance with the criteria agreed upon with the benefit of past experiences.
25.5.2.15.To undertake any other relevant functions.
Page 62, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.7.The Parties agree to establish a Joint High Council chaired by the commander-in-chief of the Armed Forces, with the membership of the commander of Rapid Support Forces, Minister of Defense, Minister of the Interior, the Chief of Staff, the Director General of the Police, Director General of the General Intelligence Service, head of the Military Intelligence Authority and heads of the armed struggle movements for supervision, monitoring, evaluation, and follow up on the implementation of integrating the forces of the armed struggle movements and evaluating the security and humanitarian situation in Darfur. The Joint High Council shall hold periodic meetings. It shall, among other functions, form a mechanism to address the issue of war prisoners and missing persons of both Parties.
Page 64, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.15.The number of former combatants who will be integrated into the Sudanese Armed Forces, the Police, and the General Intelligence Services shall be specified in accordance with the following criteria:
Page 65, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 27. The Police
27.1.The Sudanese police force shall be professional national force with no affiliation to any single party, group, faction, region, or area. It shall owe allegiance to the homeland. Joining the force shall be guaranteed for all Sudanese people;
27.2.The police force shall be professional and impartial and work in accordance with laws and regulations;
27.3.The Parties recognize the need to reform the Sudanese police force to upgrade its capabilities, enhance its professionalism, and increase its effectiveness;
27.4.The Parties recognize that the Sudanese police shall be a law-enforcement service that is composed and commanded at a national level, operating at state/regional level with the presence of federal departments that undertake their federal obligations and duties;
27.5.The Parties agree to integrate the number to be agreed upon of the forces of the armed struggle movements/ Darfur Track in the different departments of the Sudanese police.
27.6.The Parties agree to establish a Joint Police Technical Committee to integrate and accommodate commissioned and non-commissioned officers and soldiers in accordance with the agreed-upon terms and conditions;
27.7.The Parties agree that forces of the armed struggle movements shall receive the number of officers in the agreed-upon low-level and senior ranks, professional development, and education in the police force, in accordance with the agreed standards.
27.8.The Joint Police Technical Committee shall be composed of the following:
27.8.1.Representatives of the Sudanese police;
27.8.2.Representatives of forces of the signatory armed struggle movements/ Darfur Track;
27.9.The Joint Police Technical Committee shall submit its recommendations to the Joint High Committee for Security Arrangements for approval and adoption and submission thereof to the Joint High Council.
27.10.Duties of the Joint Police Technical Committee:
27.10.1.Receive the agreed list of candidates for integration and accommodation in the police force;
27.10.2.Review official identification documents and certificates and conduct the necessary checkups and medical examinations;
27.10.3.Review the terms, criteria, and plans of integration into the police force;
27.10.4.Determine the proposed ranks for the commissioned and non-commissioned officers;
27.10.5.Recommend enlisting them in police training centers and institutes.
27.11.The state shall provide the necessary logistics and budget;
27.12.The Parties agree to assemble the police forces in the Darfur states/ region to speed up the integration process.
27.13.During the permanent ceasefire and the transitional period, the police force shall undertake the following functions:
27.13.1.Prevent and combat crime;
27.13.2.Enforce the law, maintain public order, and ensure the safety of money, people, and public tranquility;
27.13.3.Undertake all internal security operations, including securing strategic and vital facilities and protecting important persons;
27.13.4.Combat organized and cross-border crime, including terrorism, human trafficking, illegal migration, drug and weapons smuggling, money laundering, and electronic crimes;
27.13.5.Combat corruption;
27.13.6.Provide police services, including the civil registry, passports, traffic policing, and civil defense;
27.13.7.Protect and help IDPs;
27.13.8.Protect families and children;
27.13.9.Ensure the rule of law and bring perpetrators to justice;
27.13.10.Undertake prison sector functions and wildlife protection.
27.14.The Parties shall seek, with the international community, ways to provide technical assistance in police training and capacity building in order to maintain peace and the rule of law.
Page 68, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 29. Security Keeping Force in Darfur.
29.5.Functions of the Security Keeping Force in Darfur.
29.5.8.Deploying police forces to secure villages for voluntary return, IDP camps, confirming their civil status, working to disengage parties to tribal conflicts, securing IDP camps in coordination with the management thereof, and preventing recruitment, especially among children;
...
29.5.10.Supporting and deploying military and police cadres capable of rapid response and deterrence;
29.5.11.Helping to secure a protective environment for civilians through the protection of general prosecution offices, branch police stations, motor and on-foot police patrols, and humanitarian aid convoys;
Page 97, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:
10.1.Powers and competencies of police, prisons, wildlife, civil defense, and customs at the level of the Two Areas.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 11. National Powers: the national government shall assume the following exclusive executive and legislative powers:
11.7.National police, including the criminal investigation department and coordinating bilateral, regional and international criminal affairs and the standards and regulations, including police training standards.
Page 127, Title 3, CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Integration
89. The Police:
89.1.The Sudanese police force shall be a professional national force with no affiliation to any party, group, faction, region, or area. It shall owe allegiance to the homeland. Joining the
force shall be guaranteed for all Sudanese people.
89.2.The Parties recognize the need to reform the Sudanese police force to upgrade its capabilities, enhance its professionalism, and increase its effectiveness.
89.3.The Parties recognize that the police force shall be a law-enforcement service that is composed and commanded at the national level, and functions at the state level with the presence of federal departments that undertake their federal obligations and duties.
89.4.The Parties agree to integrate the number to be agreed upon (including males and females) of the SPLA-N/SRF forces in the different departments of the Sudanese police.
90. The Joint Police Technical Committee shall be composed of the following: 90.1.Representatives of the Sudanese police.
90.2.Representatives of the police from SPLA-N/SRF forces.
90.3.The Joint Police Technical Committee shall submit its recommendations to the security arrangements’ higher joint military committee for approval and adoption.
91. Duties of the Joint Police Technical Committee:
91.1.Receive the agreed list of candidates for integration into the police force.
91.2.Review official identification documents and certificates and conduct the necessary checkups and medical examinations.
91.3.Review the terms, criteria, and plans for integration into the police force, taking into consideration positive discrimination for the population of the Two Areas, especially women, provided that the specified criteria is not violated.
91.4.Determine the proposed ranks for the commissioned and non-commissioned officers.
91.5.Recommend enlisting them in the police training centers.
91.6.The state shall provide the necessary logistics and budget for the integration process.
91.7.The Parties agree on the necessity of accelerating the integration process and assembling the police forces in the Two Areas in agreed locations.
91.8.The Parties agree that during the transitional period the police force shall undertake the following functions:
91.9.Prevent and combat crime.
91.10.Enforce the law, maintain public order, and ensure the safety of money, people, and public tranquility.
91.11.Undertake all internal security operations, including securing strategic and vital facilities, protecting important persons, and maintaining communal security.
91.12.Combat organized and cross-border crime, including terrorism, human trafficking, illegal migration, weapons and drugs smuggling, money laundering and electronic crimes.
91.13.Combat corruption.
91.14.Provide police services which include the civil record, passports, traffic policing and civil defense.
91.15.Undertake functions of the prison sector, protect wild life, and engage in customs functions without violating the technical jurisdiction of the Ministry of Finance.
91.16.Protect and secure IDP camps and participate in securing humanitarian assistance routes.
91.17.Protect and secure the roads and villages for voluntary return of IDPs and refugees.
91.18.Protect families and children.
91.19.Ensure the rule of law and bring perpetrators to justice.
Page 156, TITLE 7. CHAPTER TWO: Assembly, Training and Integration, 25. The Police
25.1. The Sudanese police force shall be a national professional force that has no affiliation to any single party, group, faction, region, or area. It shall owe allegiance to the homeland. Joining the force shall be guaranteed for all Sudanese people.
25.2. The police forces hall be professional and impartial and work in accordance with laws and regulations.
25.3. The Parties recognize the need to reform the Sudanese police forces to upgrade its capability, enhance its professionalism, and increase its effectiveness.
25.4. The Parties recognize that the police forces shall be a law-enforcement service that is composed and commanded at a national level, and which operates at states/regional level with the presence of federal departments that undertake their federal obligations and duties.
25.5. The Parties agree to integrate a number of the forces of the Third Front-Tamazuj to be agreed upon into the different departments of the Sudanese police. - Armed forcesPage 10, TITLE 1, 1. General Principles
1.18.Without prejudice to the conditions of qualification and competency and the implementation of the peace agreements concluded with the signatory parties, all Sudanese citizens shall be fairly represented in the civil service, public committees, institutions, commissions, armed forces, and other regular forces at all levels.
1.19.The participation of all Sudanese people shall be guaranteed at all levels of governance, state institutions, and civil service. Fair standards for power sharing shall be developed, without prejudice to the conditions of qualification and competency.
Page 11, TITLE 1, 1. General Principles
1.30.Without prejudice to what has been agreed to in the security arrangements documents for the tracks of Darfur and the Sudan People’s Liberation Movement – North/ The Revolutionary Front, the Parties agree to reform and develop the security and military sector at the national level.
Page 16, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 1. General Principles
18. All Sudanese citizens shall be justly and fairly represented in the civil service, public bodies, institutions, commissions, armed forces and other regular forces at all upper and middle levels.
Page 51, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 9.Guiding principles for the final security arrangements, reform, development and modernization of security sector.
9.6. Establishing security forces and a single national army trusted by the local communities across Sudan, especially in the conflict areas, is a key element to establishing peace, security, and sustainable development in Sudan;
9.7. The Parties agree to reform, develop, and modernize the military establishment and other security services/the security sector, provided that there are short and long-term reforms in furtherance of the objectives and provisions of this agreement, supporting the establishment of a permanent, professional, and independent system to improve their capacity, effectiveness, impartiality, inclusiveness, and professionalism, as well as to strengthen the rule of law in Sudan in accordance with international law and best practices and to establish armed forces that represent the diversity of Sudan and are capable of defending Sudan against foreign enemies and maintaining the sovereignty and territorial integrity of Sudan;
9.8. The comprehensive long-term security reforms shall particularly focus on ensuring that the Sudanese armed forces and other security institutions are not loyal to any single party, group, tribe, or region but instead owe allegiance to the state of Sudan.
...
9.12.For purposes of this agreement, the military establishment and security services/the security sector in Sudan shall mean the following:
9.12.1.“The military establishment” including the Sudanese Armed Forces and the Rapid Support Forces;
...
9.13.The Parties commit to promoting geographic and social diversity and employing equal opportunity policies in the membership of the Armed Forces and other security services within the security sector, while applying the principle of positive discrimination in favor of war-affected areas;
Page 52, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 10. Phases of the Final Security Arrangements.
10.2.Phase Two: implementation of the permanent ceasefire agreement and other comprehensive security arrangements and implementation of the program of integration in the military establishment institution and other security services;
...
10.4.Phase Four: implementation of the reform, development, and modernization plan for the military establishment institution and security services (security sector).
Page 54, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 14. General Provisions and Principles of the Permanent Ceasefire
14.10.This agreement shall not include stipulations that could undermine Sudan’s sovereignty, territorial integrity, national security, and the unity of its armed forces and security services;
Page 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 17. Permissible Acts
17.1.6.Training and retraining of troops integrated into the military establishment and other security services;
...
17.1.9.Routine movements of the Armed Forces, to secure international borders and confront national security threats, that pass through assembly areas and bases of the armed struggle movements’ forces; after informing the Military Ceasefire Committee.
Page 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 18. Prohibited Acts
18.19.All acts of hostility, harassment, or intimidation against military personnel or civilians affiliated with the other party, including harassment through unjustified detention;
Page 59, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 25. Command and Control Mechanisms
25.5.2.Functions of the Joint High Military Committee for Security Arrangements.
25.5.2.14.To supervise the reintegration of the forces of the armed struggle movements/ Darfur Track into the Armed Forces, the Rapid Support Forces, the unified police forces, and the General Intelligence Service in accordance with the criteria agreed upon with the benefit of past experiences.
25.5.2.15.To undertake any other relevant functions.
Page 62, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.1.The Parties agree to integrate the forces of the signatory armed struggle movements in the military establishment and security services;
26.2.The ultimate purpose of the integration process is for the Sudanese Armed Forces, with its new unified military doctrine that protects citizens, the homeland, and the constitution; to be the only professional national army and to integrate all other forces present on Sudanese territory in a unified professional national army;
...
26.5.The Parties agree to keep the integrated forces of the armed struggle movements in Darfur for a period of (40) forty months from the date of the signing of this agreement, which may be extended if deemed necessary for security and humanitarian reasons in the region. After this period, the forces shall be deployed according to the strategic deployment plan of the Armed Forces.
26.6. The Parties agree that forces of the armed struggle movements shall be integrated in the military establishment and other security services in the form of full military units according to the organization of the Sudanese Armed Forces.
26.7.The Parties agree to establish a Joint High Council chaired by the commander-in-chief of the Armed Forces, with the membership of the commander of Rapid Support Forces, Minister of Defense, Minister of the Interior, the Chief of Staff, the Director General of the Police, Director General of the General Intelligence Service, head of the Military Intelligence Authority and heads of the armed struggle movements for supervision, monitoring, evaluation, and follow up on the implementation of integrating the forces of the armed struggle movements and evaluating the security and humanitarian situation in Darfur. The Joint High Council shall hold periodic meetings. It shall, among other functions, form a mechanism to address the issue of war prisoners and missing persons of both Parties.
Page 63, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.13.3.Moving individuals fit for military service according to the principles and standards stipulated in this agreement to the training centers of the Armed Forces and other regular institutions, in accordance with the agreed timelines.
26.14.Based on the results of inventory and classification of individuals fit for military service and other regular forces, the following shall be undertaken:
26.14.1.Define the number of battalions and units that can be created in accordance with the regulations of infantry battalions and the formations of other regular forces, for the purposes of inventory and classification;
26.14.2.Define the number and ranks of commissioned and non-commissioned officers and soldiers in light of which they will be integrated into the formations and units of the Sudanese Armed Forces and other regular forces according to the agreed criteria and after receiving basic training;
26.14.3.Military training shall take place in the training centers of the Armed Forces and security forces in accordance with the specified period (which shall not be less than four months), in accordance with the agreed upon timelines and the training centers;
26.14.4.After completing basic military training, graduates shall be integrated into the formations and units of the Sudanese Armed Forces and security forces according to the agreed upon principles, criteria, and timelines;
26.14.5.All procedures of Assembly, quartering, inventory, classification, weapons storage, training, and integration of combatants shall be implemented in accordance with the specified timetable;
26.14.6.The Parties shall agree on a schedule for the timelines of every activity to be undertaken in each phase of the Darfur Track security arrangements.
26.15.The number of former combatants who will be integrated into the Sudanese Armed Forces, the Police, and the General Intelligence Services shall be specified in accordance with the following criteria:
Page 64, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.18.Integration Requirements
26.18.5.Combatants who have been integrated shall receive training in accordance with the requirements of each unit, while observing the special needs of those individuals. Extensive training shall be an option given to assist former combatants, especially women, to meet such requirements;
26.18.6.Integrated individuals shall be given four months of basic training, following which, different advanced qualification and technical and specialized courses shall be provided to the units where the integrated individuals have been enlisted;
Page 67, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 29. Security Keeping Force in Darfur.
29.1.Creation of a security keeping force in Darfur.
29.1.1.The Parties agreed to establish a security keeping force and its command in Darfur so as to ensure the participation of forces from the armed struggle movements after receiving intensive training within 90 days of the date of the signing of this agreement.
29.2.Legal Framework.
29.2.1.The security keeping force in Darfur shall be subject to Law of the Armed Forces of 2007, amended in 2013, and the provisions of this Agreement;
29.2.2.The security keeping force shall operate pursuant to the working frameworks that apply to the Sudanese Armed Forces;
29.2.3.Rules of engagement shall be issued therefor.
29.3.The security keeping force in Darfur shall be composed of the following forces:
29.3.1.Sudanese Armed forces;
29.3.2.Rapid Support Forces;
Page 114, TITLE 3, CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Permanent Ceasefire Arrangements
General Principles:
1. The Republic of Sudan shall have one national professional army and national professional security services that work in accordance with the Constitutional Charter, including the final peace agreement to be signed by the Parties. Accountability shall be undertaken in accordance with law that is consistent with the Constitution.
2. The revolution and change occurring in Sudan provides a great opportunity to build the Sudanese state and all of its institutions, and in particular the military and security sector which plays an important role in the present and future of Sudan. Achieving civil democratic governance and building a new system of governance requires building and developing a single national professional army that reflects the diversity of Sudan and the interests of all Sudanese male and female and with a new military doctrine, that is not politicized by any party. The final goal of the new security arrangements on all tracks shall be to reach a single national professional army and a unified military and security sector.
3. Restructuring and reforming the economic sector and the political system relies heavily on reforming and modernizing the security and military sector.
4. Comprehensive security arrangements in the Two Areas and in Sudan shall be undertaken in accordance with specific timeframes and schedules for implementation, agreed upon within the framework of a single professional Sudanese army.
5. The Parties agree that after achieving final peace and completing the security arrangements (integration and DDR), the military institution and security services shall be restructured as part of a plan to reform and restructure state institutions in accordance with the Constitutional Charter and the Final Peace Agreement.
...
8. The Sudanese Armed Forces and other security institutions shall owe allegiance to the homeland and not to any specific party, group, faction, region or area. The army and security institutions shall be national, professional, independent and capable of protecting Sudan against the threats to Sudanese national security and shall operate across Sudan.
9. The Armed Forces and other security services shall reflect diversity in Sudan.
10. The Armed Forces shall commit to protecting Sudan and providing national security in all of Sudan in accordance with the Constitution.
11. The Armed Forces shall abide by the standards of national and international laws and shall have a role in maintaining international and regional peace and security.
Page 115, TITLE 3, CHAPTR 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, PERMANENT CEASEFIRE ARRANGEMENTS, General and Fundamental Provisions
22. The Parties agree to inform the officers and troops affiliated with their respective armed forces about the agreement as a means to promote the permanent ceasefire agreement and use official media to do so.
23. The Parties shall commit to observing the permanent ceasefire, provided that the forces, as well as forces allied and affiliated with either party, abide by it at all levels.
Page 116, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, PERMANENT CEASEFIRE ARRANGEMENTS, 29. Permissible Acts: Due to the wide-scale damage and adverse effects of the war, the main principle underlying the permissible acts shall be the removal of the effects of war on civilians and affected areas, and to encourage public support for peace. The permissible acts shall include:
...
29.6.Training and qualification for the troops integrated into the armed forces and the regular security services.
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29.9.Routine movements of the armed forces related to securing international borders and confronting national security threats.
Page 117, TITLE 3, CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, PERMANENT CEASEFIRE ARRANGEMENTS, 34. The Parties agree that the phases of the final security arrangements shall include the following:
34.5.Implementation of the structuring plan which refers to the reform, development, and modernization; and the new military doctrine for the military and security institutions which shall be professional, unified, non-politicized, and reflective of the diversity of Sudan.
Page 118, TITLE 3, CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, 39. Preparatory Phase of the Ceasefire:
39.2.The Parties, upon declaring the permanent ceasefire and entry into force thereof, shall commit to immediately embark on defining the assembly areas for the SPLA-N/SRF forces through the Joint High Military Ceasefire Committee in areas to be agreed upon by the Parties.
Page 140, TITLE 4. CHAPTER TWO: THE SOCIOECONOMIC ISSUE, Addressing Other Issues
85. The Parties reaffirm that the Republic of Sudan shall have one national army and other national regular professional forces that reflect the Sudanese diversity and undertake the duty of protecting Sudan in accordance with the constitution and the law. The right to join such forces shall be guaranteed to every Sudanese person who meets the criteria and conditions of joining those institutions;
Page 151, TITLE 7. Definitions
2. Combatant: means those who arrive at the assembly areas with a personal automatic gun (rifle) or a group weapon (machine gun, mortar, DShK, etc.) from among the fighters affiliated with the movement signatory to this agreement.
2.1. Notwithstanding the aforementioned definition of a Combatant, the competent committee may exclude 3% of combatants who arrive at the Assembly areas whose names are on the primary manifests.
Page 152, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, Objectives of the Agreement
9. To examine, sort, categorize, and train combatants of Third Front-Tamazuj before being integrated into the military establishment and regular services according to agreed timelines.
Page 153, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 19. Permissible Acts
19.1.9. Routine movements of the Armed Forces, to secure international borders and confront national security threats.
Page 154, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 20. Prohibited Acts.
20.16. Forces may not exercise any powers of the civilian authority.
20.17. Forces may not object to any social, humanitarian, or societal services provided by the competent authorities.
20.18. Encourage or enable the presence of foreign forces without agreements or treaties with the Government of Sudan.
Page 156, TITLE 7. CHAPTER TWO: Assembly, Training and Integration, 24. Integration
24.1. Individuals fit for service who meet the criteria provided for in this agreement shall sever their relations with Third Front-Tamazuj after completing the necessary procedures in the assembly areas and filling the relevant forms, and thereupon shall become members affiliated with the Armed Forces and the competent security services.
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24.4. Following the completion of basic training, integrated individuals shall be deployed all over Sudan based on the strategic deployment plan of the Armed Forces.
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24.7. Military ranks (for officers) shall be granted according to the size of the integrated forces and the regulations and standards followed by the Sudanese Armed Forces.
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24.10. Criteria for selecting officers:
24.10.2. Have not been dismissed from the Armed Forces and other security institutions due to incompetence or misconduct.
Page 224, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Participation of the people of eastern Sudan in the Armed Forces and regular services
Timing: After ratifying the Peace Agreement
Implementing Party: government of Sudan
Funding: Transitional Government of Sudan
Composition:
Procedures: Issue instructions for applying the positive discrimination principle
Reference / article: 84.2 & 84.3 - DDRSecurity sector→DDR→Demilitarisation provisionsPage 58, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 24. Armed and Allied Elements in Darfur
24.4.The Government of Sudan shall control and disarm armed and allied elements in Darfur;
24.5.The Government of Sudan shall control and disarm such armed foreign elements and repatriate them to their countries, if any, and shall bind them to the provisions of this agreement, in coordination with neighboring countries;
Page 64, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.18.Integration Requirements
26.18.4.The Joint High Military Committee for Security Arrangements shall create a technical integration committee to supervise the integration of the former combatants of the armed struggle movements’/Darfur Track forces including undertaking planning, implementation, management, and monitoring of the process. The committee shall develop a plan for integrating former combatants. The technical integration committee shall include representatives of the Parties, a representative of the DDR Commission and a representative of a third party. Chairmanship of the committee shall be rotated between the Parties;
26.18.5.Combatants who have been integrated shall receive training in accordance with the requirements of each unit, while observing the special needs of those individuals. Extensive training shall be an option given to assist former combatants, especially women, to meet such requirements;
26.18.6.Integrated individuals shall be given four months of basic training, following which, different advanced qualification and technical and specialized courses shall be provided to the units where the integrated individuals have been enlisted;
26.18.7.The Government of Sudan shall pay heed to the special needs of former female combatants of the armed struggle movements, through training and other forms of support;
26.18.8.The Government of Sudan shall provide support, training, and rehabilitation on equal footing to all integrated combatants, males and females.
Page 113, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE'S LIBERATION MOVEMENT - NORTH/ THE SUDAN REVOLUTIONARY FRONT, Preamble
Affirming the importance of reaching an agreement on integration, disarmament, demobilization, and reintegration arrangements for the combatants of the Sudan People’s Liberation Army – North / Revolutionary Front and its other security institutions in accordance with a DDR program and security arrangements agreement that include detailed provisions on the sequencings and specified timelines for integration and completion of DDR in accordance with the timetable agreed to by the Parties.
Page 114, TITLE 3, CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, PERMANENT CEASEFIRE ARRANGEMENTS, General Principles
5. The Parties agree that after achieving final peace and completing the security arrangements (integration and DDR), the military institution and security services shall be restructured as part of a plan to reform and restructure state institutions in accordance with the Constitutional Charter and the Final Peace Agreement.
Page 148, TITLE 7. Definitions
1. Assembly: means the process of moving combatants to selected locations (in accordance with the standards of assembly areas) for the purpose of completing the necessary complementary administrative and military procedures.
3. Weapons Storage: means the post-Assembly phase wherein the collection of small arms from combatants and storage thereof occurs under the supervision of a third party in coordination with the ceasefire mechanism regarding (manner, funding, and guarding). Heavy and long-range weapons and ammunition shall be stored in areas to be agreed on before entry to the Assembly areas.
Page 154, TITLE 7. CHAPTE RONE: PERMANENT CEASEFIRE, 20. Prohibited Acts.
20.15. Individuals can only move after submitting a prior notice and shall move without arms in civilian attire.
Page 155, TITLE 7. CHAPTER TWO: Assembly, Training and Integration, 23. Assembly and Training.
23.1. Reports shall be delivered to the First Party, detailing the force size and numbers, its weapons, and equipment within 72 hours of the date of signing this agreement.
23.2. The following shall be undertaken:
23.2.1. Manifests with the names of Third Front-Tamazuj combatants shall be submitted to the First Party within (14) fourteen days of the date of signing this agreement. Third Front-Tamazuj forces shall be assembled in agreed-upon areas. The competent committee may accept 10% of the primary manifest as missing names therefrom within (7) seven days of the date of submitting the primary manifest.
23.2.2. The processes of disarmament, examination, classification, and sorting and storing weapons shall be conducted in Assembly areas, provided that forces in Assembly areas shall be completed within (60) sixty days of the date of signing this agreement.Security sector→DDR→DDR programmesPage 51, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 9.Guiding principles for the final security arrangements, reform, development and modernization of security sector.
9.9. The Parties shall engage in a transparent and internationally supervised program for the disarmament, demobilization, and reintegration of forces that will eventually lead to the reintegration of combatants and fighters who have not been included in the integration program;
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9.11.The Parties shall work together to request from the international community technical, material, and financial assistance necessary for successful implementation of the Cessation of Hostilities for Humanitarian Purposes, a permanent ceasefire, DDR, and peacebuilding;
Page 52, TITLE 2.CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 10. Phases of the Final Security Arrangements.
10.3.Phase Three: implementation of the DDR program;
Page 55, TITLE 2.CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 18. Prohibited Acts
18.15. Movement of persons in Assembly areas without prior notice with arms, in civilian or military attire;
Page 58, TITLE 2.CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 23. Verification of Forces in the Agreed Assembly Areas.
23.7.Forces of the armed struggle movements shall be verified in Assembly areas against the manifests and data mentioned in the foregoing paragraphs;
23.8.Subsequent arrangements, especially the integration and reintegration processes, shall take place based on the lists provided by the armed struggle movements after verification;
23.9.Competent committees shall seek the help of field commanders in the process of verifying members of the forces of armed struggle movement in assembly areas.
Page 58, TITLE 2.CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 24. Armed and Allied Elements in Darfur
24.9.The Government of Sudan shall provide the Ceasefire Committee with a comprehensive plan for disarming armed troops and irregular fighters, combating persons who are illegally armed, gangs, and other outlawed groups active in Darfur. The plan shall also include arrangements for the rehabilitation of members of such groups and their social and economic reintegration;
24.10.The Military Ceasefire Committee shall monitor disarmament of armed troops and irregular fighters and verification thereof in addition to combating persons who are illegally armed, gangs, and other outlawed groups in accordance with the agreed plan.
(part of extensive DDR sub section within the chapter, see also military power-sharing category)
Page 69, Title 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, DISARMAMENT, DEMOBILIZATION AND REINTEGRATION (DDR), 30. Disarmament, Demobilization and Reintegration (DDR)
30.2.General Principles:
30.2.1.The Parties recognize that the goal of DDR is to contribute to creating a safe environment, supporting social stability throughout Sudan in the post-Final Peace Agreement period, especially the war-ravaged areas.
30.2.2.The Parties recognize that the DDR process is complicated and involves political, military, security, humanitarian, social, and economic dimensions. The DDR process aims to address post-conflict security problems which may arise as the result of leaving former combatants without livelihoods or support networks, other than their former comrades in arms, during the transition from conflict to peace, and then to development;
30.2.3.The Parties recognize that the DDR program shall be implemented within a comprehensive nationwide process of reconciliation and healing, as part of the peacebuilding and confidence-building measures;
30.2.4.With the help of a UN third party and other UN agencies, the DDR Commission shall develop plans that include timing and sequencing of DDR phases;
30.2.5.The Parties agree to implement DDR efforts to ensure as much security and stability in Sudan as possible, as well as to provide assistance, training and job opportunities for former combatants in the short and long-terms;
30.2.6.The Parties agree that all DDR processes shall be subject to the general principles herein and all other conditions, requirements, and frameworks included in this agreement;
30.2.7.Reintegration programs shall be designed to be sustainable and include monitoring progress and measures for ongoing support based on the needs defined by DDR mechanisms;
30.2.8.The Parties recognize the necessity, during DDR processes, to meet the special needs of children, women, and disabled persons, as a priority. The Government of Sudan shall mobilize specific resources and budgets to meet such special needs of the aforementioned groups at all phases of the DDR.
30.3.Structure of DDR Mechanisms.
30.3.1.At the national level:
30.3.1.1.The DDR High Council;
30.3.1.2.The National DDR Commission.
30.3.2. At the regional level:
30.3.2.1.The Darfur Regional DDR Commission.
30.4.The Parties agree to restructure the DDR High Council and the National DDR Commission within 45 days from the date of the signing of the peace agreement, to ensure the representation of parties to the agreement in the structures of the Council and the Commission.
30.5.DDR High Council.
30.5.1.The Council shall be responsible for developing, supervising, coordinating, and evaluating DDR policies. It shall also coordinate with the DDR Commission at the national level.
30.6.[National] DDR Commission.
30.6.1.The Commission shall conduct a comprehensive assessment of needs and challenges related to DDR at the national and regional levels, including but not limited to, the reintegration of forces of the armed struggle movements and coordination with the DDR High Council;
30.6.2.The Parties shall ensure that the DDR Commission in Sudan is national, independent, and qualified to assume its duties with regard to DDR processes;
30.6.3.The Parties agree to ensure the representation of women in decision-making process related to DDR, to effectively and appropriately meet the needs and interests of women.
30.7.DDR shall be undertaken with care and the process therefor shall proceed as follows:
30.7.1.Raising awareness of and informing commanders and forces affiliated therewith about DDR and the peace process as well as their roles and responsibilities therein;
30.7.2.The Parties shall decide on eligibility criteria for disarmament of the unintegrated combatants;
30.7.3.The Parties shall decide to immediately and unconditionally dismiss and release all combatant children, if any, as well as groups with special needs and former female combatants, provided that they are handed over to the Joint DDR Committee to be reintegrated;
30.7.4.The principles of fairness, transparency, equality, and impartiality shall be observed during the social and economic reintegration of former combatants. Furthermore, former combatants shall receive equal treatment, regardless of their past affiliation with any of the movements;
30.7.5.Reintegration shall be conducted at a community-level so as to benefit the returnees and local communities;
30.7.6.The Parties agree to implement DDR efforts to ensure as much security and stability in Sudan as possible, in addition to the provision of support, training, and job opportunities for former combatants in the short- and long-terms;
30.7.7.Reintegration programs shall be designed to be sustainable and include monitoring progress and measures of ongoing support based on the needs defined by DDR mechanisms.
30.8.Darfur Regional DDR Commission.
30.8.1.The Parties agree to establish the Darfur Regional DDR Commission within (30)
thirty days of the date of restructuring the National DDR Commission;
30.8.2.The Parties shall agree upon the organizational and functional structure of the Darfur Regional DDR Commission in accordance with the principles and regulations governing the work of the National DDR Commission;
30.8.3.The Commission shall develop its own regulations, rules, procedures, and decision-making processes;
30.8.4.The Regional Commission shall work under the supervision of the National DDR Commission;
30.8.5.The National Commission and Darfur Regional DDR Commission shall cooperate and coordinate in the following:
30.8.5.1. Exchange of information and decisions made by either one.
30.8.5.2.The National DDR Commission may delegate some of its functions to the Darfur Regional DDR Commission, including collection of data and research.
30.8.6. Functions and Duties of the Darfur Regional DDR Commission:
30.8.6.1.To conduct a comprehensive assessment of needs and challenges related to DDR for conflict-affected persons in Darfur, including but not limited to, the reintegration of forces of the armed struggle movements in Darfur Track.
30.8.6.2.To exercise primary responsibility for designing, implementing, managing, and supervising DDR processes for the war-affected persons in Darfur, especially in relation to the armed struggle movements, in coordination with the National DDR Commission.
30.8.6.3.To develop and implement plans, with the help and advice of a UN third party and any other relevant organization(s), for the content, timing, and sequencing of DDR phases. The Darfur DDR Commission shall implement such plans after approval from the National DDR Commission, in accordance with this Agreement.
30.8.6.4.To receive manifests of unintegrated former combatants from the Joint High Military Committee for Security Arrangements;
30.8.6.5.To assist with planning and introducing a budget proposal for the implementation of DDR processes within the agreed timeframe.
30.8.6.6.To urge national institutions to fund DDR processes;
30.8.6.7.To address the status of those who are unfit for military services or who are unwilling to be reintegrated in accordance with the DDR programs in coordination with the National DDR Commission;
30.8.6.8.To create sub-committees in the specific areas selected to implement DDR tasks;
30.8.6.9.To supervise DDR processes in accordance with the timeline;
30.8.6.10.The Darfur Regional DDR Commission shall operate under the full supervision of the National DDR Commission.
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30.9.Disarmament and Demobilization Requirements and Processes.
30.9.1.DDR processes shall be conducted in the agreed areas, only with former combatants who have been verified by the Ceasefire Committee to be affiliated with the forces of the armed struggle movements/ Darfur Track, in accordance with the provisions of this agreement;
30.9.2.DDR processes shall take place in the agreed Assembly areas.
30.9.3.The armed struggle movements/ Darfur Track shall be responsible for administering former combatants in the Assembly areas, as well as their discipline and internal security;
30.9.4.The Government of Sudan shall commit to providing the necessary non-military logistical support and assistance therefor. The Ceasefire Committee and a UN third party shall undertake the logistics for the disarmament and demobilization processes, including the establishment of Assembly areas.
30.10.Reintegration Requirements and Processes.
30.10.1.All former combatants of the signatory armed struggle movements, willing to return to civilian life, or those who do not meet the criteria to join security institutions shall be socially and economically reintegrated in the civilian community, as stipulated;
30.10.2.The Government of Sudan, in cooperation with the international community, shall assume primary responsibility for reintegrating former combatants into civilian life. The Government of Sudan shall fund all reintegration efforts of former combatants;
30.10.3.To ensure fairness, transparency, and equity when deciding on the eligibility of former combatants to receive the targeted assistance;
30.10.4.Throughout the reintegration processes, former combatants shall be treated equally, regardless of their past affiliations with the armed struggle movements signatory to the Final Peace Agreement.;
30.10.5.Training and information shall be provided for former combatants to enable them to choose their reintegration route voluntarily.
30.10.6.To prioritize addressing socioeconomic reintegration of groups with special needs, such as women, or other women, boys, girls who are linked to the forces of the armed struggle movements, as well as other vulnerable groups such as conflict- affected children, combatants with disabilities, and the elderly, if any;
30.10.7.Reintegration programs shall be designed to be sustainable and include monitoring progress and measures for ongoing support based on the needs defined by DDR mechanisms.
Page 140, TITLE 4. CHAPTER TWO: THE SOCIOECONOMIC ISSUE, Addressing Other Isssues,
86. The Parties recognize that the reintegration of former combatants is an important element for a peaceful and secure Sudan. This shall support them make the transition to a productive civil life; therefore, the Parties agree on the following:
86.1.The Transitional Government of Sudan shall commit, through a joint committee, to reviewing the problems, if any, of the procedures of disarmament, demobilization and reintegration (DDR) stipulated in the East Agreement of 2006, and endeavoring to addressing them;
86.2.Observing the principle of positive discrimination for the engagement of the people of East Sudan in the armed forces and other regular forces and institutions;
86.3.The Government of Sudan shall endeavor to take practical steps to enable people to join the armed forces and other regular forces;
86.4.Working on demining areas affected by landmines, providing the necessary support for that purpose and addressing the impact on victims of landmines
Page 151, TITLE 7, Preamble
Willing to implement a comprehensive ceasefire and the processes of disarmament, demobilization, reintegration, and integration of the forces the Third Front - Tamazuj into the Sudanese military establishment.
Page 152, TITLE 7, Definitions
4. Disarmament, Demobilization and Reintegration (DDR): means the process of settling the status of those unfit for military service by disarming, demobilizing, and reintegrating them into society through the DDR Commission.
5. Integration: means integrating combatants who are fit for military service according to timelines to be agreed upon after the conclusion of the training and military development period in accordance with the norms and standards stipulated in this agreement.
Page 152, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, Objectives of the Agreement
9. To examine, sort, categorize, and train combatants of Third Front-Tamazuj before being integrated into the military establishment and regular services according to agreed timelines.
Page 152, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, Entry into Force and Duration of the Agreement
13. This agreement shall continue to be valid until the completion of the reintegration process and the integration of Third Front-Tamazuj members who are deemed fit for service into the Sudanese military establishment. Afterwards the Third Front-Tamazuj forces shall be integral part of the military establishment and regular services pursuant to the Agreement.
Page 155, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, 22. The Competent Committee
22.3. Functions of the High Committee
22.3.3. Supervise collection and storage of weapons and handing them over to the
competent authorities.
22.3.4. Coordinate with the DDR committee.
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22.5. Functions of the Sub-Committee:
22.5.3. Supervise the collection and storage of weapons and handing them over to the competent authorities.
22.5.4. Coordinate with the DDR committee.
Page 155, TITLE 7. CHAPTER TWO: ASSEMBLY, TRAINING AND INTEGRATION, 23. Assembly and Training.
23.2.3. Individuals unfit for service shall be referred to the National DDR Commission to reintegrate them into society.
23.2.4. Individuals who are fit for service shall be sent to the training centers designated by the military establishment and shall remain there until the completion of the basic training.
23.2.3. Individuals unfit for service shall be referred to the National DDR Commission to reintegrate them into society.
23.2.5. After completing the basic training, officers shall be transferred to the officers’ training centers designated by the military establishment.
Page 155, TITLE 7. CHAPTER TWO: ASSEMBLY, TRAINING AND INTEGRATION, 24. Integration
24.1. Individuals fit for service who meet the criteria provided for in this agreement shall sever their relations with Third Front-Tamazuj after completing the necessary procedures in the assembly areas and filling the relevant forms, and thereupon shall become members affiliated with the Armed Forces and the competent security services.
24.2. The integration of individuals shall commence upon filling relevant forms; after examinations and sorting.
24.3. Integrated individuals shall be moved to training areas to receive basic training.
24.4. Following the completion of basic training, integrated individuals shall be deployed all over Sudan based on the strategic deployment plan of the Armed Forces.
24.5. The First Party shall commit to providing all the requirements of the assembly, training, and integration processes and shall incur the financial and administrative costs thereof.
24.6. The Parties shall abide by the letter and spirit of this Agreement.
24.7. Military ranks (for officers) shall be granted according to the size of the integrated forces and the regulations and standards followed by the Sudanese Armed Forces.
24.8. The Parties agree to complete the assembly, examination, sorting, verification, training and integration processes of the SPLA-N/Third Front forces within (12) twelve months of the date of signing this agreement.
24.9. Criteria for integrating individuals: the criteria for integrating individuals in the military establishment and security institutions shall be as follows:
24.9.1. Sudanese nationality;
24.9.2. No less than 18 years of age;
24.9.3. Mental and physical fitness;
24.9.4. Not convicted in an offense infringing upon honor and honesty, (except those who will be covered by the general amnesty under the peace agreement);
24.9.5. Voluntary consent of the individual.
24.10. Criteria for selecting officers: in addition to the agreed criteria stipulated in the foregoing paragraph, the criteria for selecting officers shall include the following:
24.10.1. Literacy;
24.10.2. Have not been dismissed from the Armed Forces and other security institutions due to incompetence or misconduct.
Page 158, TITLE 7. CHAPTER THREE: DISARMAMENT, DEMOBILIZATION and REINTEGRATION,
26.4. The Parties agree to create a joint committee to ensure the reintegration of Third Front- Tamazuj combatants who are not fit for military service into society, in accordance with the standards set by the National DDR Commission.
26.5. The Joint DDR Committee shall be created within (14) days of the date of the signing of this agreement.
Page 158, TITLE 7. CHAPTER THREE: DISARMAMENT, DEMOBILIZATION and REINTEGRATION,
27. Composition of the Committee:
27.1. The Joint DDR Committee shall be composed of the following:
27.1.1. (4) representatives of the Government of Sudan from the DDR;
27.1.2. (4) representatives of the Third Front-Tamazuj;
27.1.3. The committee shall submit its recommendations to the National DDR Commission.
27.1.4. The committee shall work in coordination with the committee responsible of implementing this agreement in the Assembly areas. - Intelligence servicesPage 11, TITLE 1, 1. General Principles
1.30.Without prejudice to what has been agreed to in the security arrangements documents for the tracks of Darfur and the Sudan People’s Liberation Movement – North/ The Revolutionary Front, the Parties agree to reform and develop the security and military sector at the national level.
Page 52, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 9.Guiding principles for the final security arrangements, reform, development and modernization of security sector.
9.12.For purposes of this agreement, the military establishment and security services/the
security sector in Sudan shall mean the following:
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9.12.3.The General Intelligence Service;
Page 59, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 25. Command and Control Mechanisms
25.5.2.Functions of the Joint High Military Committee for Security Arrangements.
25.5.2.14.To supervise the reintegration of the forces of the armed struggle movements/ Darfur Track into the Armed Forces, the Rapid Support Forces, the unified police forces, and the General Intelligence Service in accordance with the criteria agreed upon with the benefit of past experiences.
25.5.2.15.To undertake any other relevant functions.
Page 62, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.7.The Parties agree to establish a Joint High Council chaired by the commander-in-chief of the Armed Forces, with the membership of the commander of Rapid Support Forces, Minister of Defense, Minister of the Interior, the Chief of Staff, the Director General of the Police, Director General of the General Intelligence Service, head of the Military Intelligence Authority and heads of the armed struggle movements for supervision, monitoring, evaluation, and follow up on the implementation of integrating the forces of the armed struggle movements and evaluating the security and humanitarian situation in Darfur. The Joint High Council shall hold periodic meetings. It shall, among other functions, form a mechanism to address the issue of war prisoners and missing persons of both Parties.
Page 64, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.15.The number of former combatants who will be integrated into the Sudanese Armed Forces, the Police, and the General Intelligence Services shall be specified in accordance with the following criteria:
Page 66, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 28. The General Intelligence Service
28.1.The Parties recognize that the General Intelligence Service shall be a national and professional body whose members may not have any political affiliation or affiliation to a certain group, faction, region, or area. It shall owe allegiance to the homeland. Joining the General Intelligence Service shall be guaranteed for all Sudanese people in accordance with applicable criteria and standards;
28.2.The Parties agree to integrate an agreed number of members from the intelligence of the armed struggle movements/ Darfur Track into the General Intelligence Service in accordance with the agreed criteria and standards;
28.3.The Parties agree that the agreed number of officers in low-level and senior ranks from the intelligence of the armed struggle movements shall receive professional development and education in general intelligence, in accordance with the established standards.
28.4.The Parties agree to establish a Joint Intelligence Technical Committee to undertake the task of integrating the individuals of the armed struggle movements/ Darfur Trak into the General Intelligence Service in accordance with the agreed upon criteria.
28.5.The Joint Intelligence Technical Committee shall be composed of the following:
28.5.1.Representatives of the General Intelligence Service and representatives of the intelligence of the signatory armed struggle movements/ Darfur Track;
28.5.2.The integrated forces of the armed struggle movements/ Darfur Track shall be assembled in Khartoum for the purpose of training;
28.6.The Parties recognize the need to reform the General Intelligence Service with the aim to build its capacity, enhance its professionalism, and increase its effectiveness;
28.7.The General Intelligence Service shall have the following competencies:
28.7.1.Preserve the national security of Sudan, protect its constitution, social fabric, and the safety of its citizens from any threat, in coordination with other regular forces;
28.7.2.Collect, analyze, and evaluate information related to the security of Sudan and recommend taking the necessary precautionary measures;
28.7.3.Undertake the necessary search and investigation to reveal any conditions, facts, activities, or elements that may infringe upon the national security and safety of Sudan, in accordance with the provisions of the law;
28.7.4.Provide opinions, advice, consultation, and services in the areas of security and intelligence to the different state apparatuses, so as to ensure the safety and security of the state;
28.7.5.Uncover threats emanating from destructive activity in the areas of espionage, terrorism, extremism, conspiracy, and vandalism;
28.7.6.Reveal and combat subversive activities of organizations, groups, individuals, foreign countries, or Sudanese groups within Sudan and abroad;
28.7.7.Cooperate with counterpart or friendly agencies in exchanging information and countering terrorism or acts that threaten common order and security or any matter related to foreign security;
28.7.8.Protect important persons and public facilities and secure cities in coordination with other regular forces;
28.7.9.Undertake any other functions for which it is tasked, provided that such functions are not inconsistent with the Constitution.
Page 104, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 62. The state/region shall have a security committee in which the state/region governor is president and the state/region deputy governor, the district military commander, Chief of Police, head of the General Intelligence Agency, head of the legal department in the state/region, and any other relevant party are members.
Page 128, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Integration
93. The General Intelligence Service:
93.1.The Parties recognize that the General Intelligence Service shall be a national body whose members may not have any political affiliation or affiliation to a group, faction, region, or area. It shall owe allegiance to the homeland. Joining the Service shall be guaranteed for all Sudanese people in accordance with applicable criteria and standards.
93.2.The Parties agree to integrate the agreed number of officers and individuals from the SPLA-N/SRF intelligence into the General Intelligence Service in accordance with applicable criteria and standards, taking into consideration positive discrimination.
93.3.The parties agree to establish a Joint Technical Committee to undertake the task of integrating the officers and individuals of SPLA-N/SRF into the General Intelligence Service in accordance with the agreed upon criteria.
93.4.The Parties recognize the need to reform the General Intelligence Service with the aim to build its capacity, enhance its professionalism, and increase its effectiveness.
94. The General Intelligence Service shall have the following competencies:
94.1. The General Intelligence Service shall work in accordance with the competencies and functions stipulated in the Constitutional Declaration.
94.2. Preserve the national security of Sudan, protect its constitution, social fabric, and the safety of its citizens from any threat, in coordination with other regular forces.
94.3.Collect, analyze, and evaluate information related to the security of Sudan and recommend taking the necessary preventative measures.
94.4.Undertake the necessary search and investigation to reveal any conditions, facts, activities, or elements that may infringe on the national security and safety of Sudan, in accordance with the provisions of the law.
94.5.Provide opinions, advice, consultation, and services in the areas of security and intelligence to the different state services, so as to ensure the safety and security of the state.
94.6.Analyze and assess domestic and international public opinion and submit the findings to decision makers.
94.7.Reveal threats emanating from destructive activity in the areas of espionage, terrorism, extremism, conspiracy, and vandalism.
94.8. Uncover and combat subversive activities of organizations, groups, individuals, foreign countries, or Sudanese groups within Sudan and abroad.
94.9. Cooperate with counterparts or friendly agencies in exchanging information; and countering terrorism or acts that threaten common order and security or any matter related to foreign security.
94.10.Protect important persons and public facilities and secure cities in coordination with other regular forces.
94.11.Undertake any other functions for which it is tasked, provided that such functions are not inconsistent with the Constitution.
Page 153, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, Prohibited Acts.
20.1. Military activities, including military movements, reconnaissance, hostile reinforcements, recruitment, mandatory conscription and military exercises, except those authorized by the competent committee.
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20.11. Espionage, sabotage and vandalism aimed at undermining the Agreement.
Page 157, TITLE 7. CHAPTER TWO: ASSEMBLY, TRAINING AND INTEGRATION, 26. The General Intelligence Service
26.1. The Parties recognize that the General Intelligence Service shall be a national and professional body whose members may not have any political affiliation to a certain party, group, faction, region or area. It shall owe allegiance to the homeland. Joining the General Intelligence Service shall be guaranteed for all Sudanese people in accordance with applicable criteria and parameters.
26.2. The Parties agree to integrate an agreed number of members from the Third Front- Tamazuj into the General Intelligence Service in accordance with the agreed criteria and principles.
26.3. The General Intelligence Services shall have the following competencies:
26.3.1. Preserve the national security of Sudan, protect its constitution, social fabric, and the safety of its citizens from any threat, in coordination with other regular institutions.
26.3.2. Collect, analyze, and assess information related to the security of Sudan and recommend taking the necessary precautionary measures.
26.3.3. Undertake the necessary research and investigation to reveal any conditions, facts, activities, or elements that may infringe on the national security and safety of Sudan, in accordance with the provisions of the law.
26.3.4. Provide opinions, advice, consultation, and services in the areas of security and intelligence to different state institutions, in a fashion that ensures the safety and security of the state.
26.3.5. Uncover threats emanating from destructive activity in the areas of espionage, terrorism, extremism, conspiracy, and vandalism.
26.3.6. Uncover and combat subversive activities of organizations, groups, individuals, foreign countries, or Sudanese groups within Sudan and abroad.
26.3.7. Cooperate with counterpart or friendly agencies in the exchange of information and countering terrorism or acts that threaten common order and security or any matter related to foreign security.
26.3.8. Protect important persons and public facilities and secure cities in coordination with other regular forces. It shall undertake any other functions for which it is tasked, provided that such functions are not inconsistent with the constitution. - Parastatal/rebel and opposition group forcesPage 57, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 22. Monitoring Arms and Assets:
22.6.The Parties agree to establish a joint specialized technical committee to evaluate and assess the value of weapons and assets, provided that the Government of Sudan commits to reimbursing their value to the armed struggle movements.
Page 62, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.3.The Parties agree that the assembly, examination, distribution, and vetting of the forces of the armed struggle movements/ Darfur Track shall be completed within (90 days) from the date of signing the peace agreement, in accordance with the agreed upon procedures for Assembly areas. The period may be extended by the Joint High Council;
...
26.5.The Parties agree to keep the integrated forces of the armed struggle movements in Darfur for a period of (40) forty months from the date of the signing of this agreement, which may be extended if deemed necessary for security and humanitarian reasons in the region. After this period, the forces shall be deployed according to the strategic deployment plan of the Armed Forces.
Page 62, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
Throughout CHAPTER 8, following the Integration section, provisions extensively address the armed struggle movements' forces, in the context of integration in to the police forces and National army, with a focus on wider military power-sharing and DDR (see entries in military power-sharing and DDR categories).
Page 72, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 30. Disarmament, Demobilization and Reintegration (DDR)
30.9.Disarmament and Demobilization Requirements and Processes
30.9.3.The armed struggle movements/ Darfur Track shall be responsible for administering former combatants in the Assembly areas, as well as their discipline and internal security;
Page 74, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 33. Reform, Development, and Modernization of the Military Establishment and Other Security Services
33.4.Areas of reform in the security sector.
33.4.2.Dismantling military and paramilitary institutions that are affiliated with the former regime;
Page 151, TITLE 7. Preamble
Willing to implement a comprehensive ceasefire and the processes of disarmament, demobilization, reintegration, and integration of the forces the Third Front - Tamazuj into the Sudanese military establishment.
Page 152, TITLE 7. CHAPTER ONE: PERMANENT CEASEFIRE, Objectives of the Agreement
7. This agreement aims to serve as a framework conducive to a permanent ceasefire and the integration of forces of the Third Front-Tamazuj into the Sudanese military establishment and other security services, to ultimately reach a just, comprehensive, and durable peace in Sudan.
...
9. To examine, sort, categorize, and train combatants of Third Front-Tamazuj before being integrated into the military establishment and regular services according to agreed timelines.
10. This agreement shall be deemed a bilateral agreement to address the presence of Third Front- Tamazuj, in completion of the comprehensive peace process.
...
13. This agreement shall continue to be valid until the completion of the reintegration process and the integration of Third Front-Tamazuj members who are deemed fit for service into the Sudanese military establishment. Afterwards the Third Front-Tamazuj forces shall be integral part of the military establishment and regular services pursuant to the Agreement.
Page 155, TITLE 7. CHAPTER TWO: ASSEMBLY, TRAINING AND INTEGRATION, 23. Assembly and Training
23.2.1. Manifests with the names of Third Front-Tamazuj combatants shall be submitted to the First Party within (14) fourteen days of the date of signing this agreement. Third Front-Tamazuj forces shall be assembled in agreed-upon areas. The competent committee may accept 10% of the primary manifest as missing names therefrom within (7) seven days of the date of submitting the primary manifest.
Page 156, TITLE 7. CHAPTER TWO: ASSEMBLY, TRAINING AND INTEGRATION, 24. Integration
24.1. Individuals fit for service who meet the criteria provided for in this agreement shall sever their relations with Third Front-Tamazuj after completing the necessary procedures in the assembly areas and filling the relevant forms, and thereupon shall become members affiliated with the Armed Forces and the competent security services.
Page 156, TITLE 7. CHAPTER TWO: ASSEMBLY, TRAINING AND INTEGRATION, 25. The Police
25.5. The Parties agree to integrate a number of the forces of the Third Front-Tamazuj to be agreed upon into the different departments of the Sudanese police.
Page 157, TITLE 7. CHAPTER TWO: ASSEMBLY, TRAINING AND INTEGRATION, 26. The General Intelligence Service
26.2. The Parties agree to integrate an agreed number of members from the Third Front- Tamazuj into the General Intelligence Service in accordance with the agreed criteria and principles.
Page 158, TITLE 7. CHAPTER THREE: DISARMAMENT, DEMOBILIZATION AND REINTEGRATION, 26.4. The Parties agree to create a joint committee to ensure the reintegration of Third Front- Tamazuj combatants who are not fit for military service into society, in accordance with the standards set by the National DDR Commission.
Page 158, TITLE 7. CHAPTER THREE: DISARMAMENT, DEMOBILIZATION AND REINTEGRATION, 27. Composition of the Committee:
27.1. The Joint DDR Committee shall be composed of the following:
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27.1.2. (4) representatives of the Third Front-Tamazuj;
Page 193, TITLE 9, 9. Darfur Track Permanent Ceasefire and Security Arrangements Implementation Matrix
(7) Activity: Designate Assembly areas and focal points of the forces of the armed struggle movements
Timing: D-Day + 14
Implementing Party: Ceasefire Committee
Funding: Government of Sudan
Procedures: Designating areas and points
Reference: Article 23.4
Page 194, TITLE 9, 9. Darfur Track Permanent Ceasefire and Security Arrangements Implementation Matrix
(14) Activity: Commence arrival of the forces of the armed struggle movements to Assembly areas
Timing: D-Day + 45
Implementing Party: The Parties and competent committees
Funding: Government of Sudan
Procedures: Coordination
Reference: Article 26.17.9
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(17) Activity: Submit lists of combatants of the armed struggle movements and begin entering Assembly areas
Timing: D-Day + 45
Implementing Party: The Ceasefire Committee
Procedures: Submit lists
Reference: Articles 23.5 & 23.6
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(19) Activity: Submit manifests of missing names of combatants of the armed struggle movements within a percentage of 10% of the main list.
Timing: D-Day +45 until D-Day +66
Implementing Party: The Ceasefire Committee
Procedures: Submit manifests
Reference: Articles 23.7
Page 195, TITLE 9, 9. Darfur Track Permanent Ceasefire and Security Arrangements Implementation Matrix
(22) Activity: Appoint officers from the armed struggle movements in the planning and policy unit
Timing: D-Day + 90
Implementing Party: The Parties
Composition: The Parties
Procedures: Decision
Reference: Article 26.9
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(26) Activity: End of the period of keeping the integrated forces of the armed struggle movements in Darfur states for (40) extendable months
Timing: D-Day +1200
Implementing Party: The Joint High Council
Composition: The Parties
Reference: Article 26.5
(27) Activity: Integrated combatants of the forces of armed struggle movements may not go into retirement in the first 6 years of their integration
Timing: D-Day +2160
Implementing Party: The military institution and security services
Procedure: Decision
Reference: Article 26.17.3 - Withdrawal of foreign forcesPage 58, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 24. Armed and Allied Elements in Darfur
24.4.The Government of Sudan shall control and disarm armed and allied elements in Darfur;
24.5.The Government of Sudan shall control and disarm such armed foreign elements and repatriate them to their countries, if any, and shall bind them to the provisions of this agreement, in coordination with neighboring countries
Page 68, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 29. Security Keeping Force in Darfur.
29.5.Functions of the Security Keeping Force in Darfur.
29.5.2.Filling the potential security vacuum after the departure of the UNAMID forces; - CorruptionPage 9, TITLE 1, 8. National Commissions, Committees, Agencies, and Institutions:
8.5. The Parties agree on the participation of signatory parties to this agreement in the Anti- Corruption Committee and other committees to be established pursuant to the conditions thereof.
Page 66, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 27. The Police
27.13.5.Combat corruption;
Page 128, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Integration
91. Duties of the Joint Police Technical Committee
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91.13.Combat corruption. - Crime/organised crimePage 55, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 18. Prohibited Acts
18.11.Espionage, sabotage, and vandalism aimed at undermining any party to the agreement.
Page 58, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 24. Armed and Allied Elements in Darfur
24.9.The Government of Sudan shall provide the Ceasefire Committee with a comprehensive plan for disarming armed troops and irregular fighters, combating persons who are illegally armed, gangs, and other outlawed groups active in Darfur. The plan shall also include arrangements for the rehabilitation of members of such groups and their social and economic reintegration;
24.10.The Military Ceasefire Committee shall monitor disarmament of armed troops and irregular fighters and verification thereof in addition to combating persons who are illegally armed, gangs, and other outlawed groups in accordance with the agreed plan.
Page 66, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 27. The Police
27.13.4.Combat organized and cross-border crime, including terrorism, human trafficking, illegal migration, drug and weapons smuggling, money laundering, and electronic crimes;
Page 67, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 28. The General Intelligence Service
28.7.5.Uncover threats emanating from destructive activity in the areas of espionage, terrorism, extremism, conspiracy, and vandalism;
Page 68, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 29. Security Keeping Force in Darfur.
29.5.Functions of the Security Keeping Force in Darfur.
29.5.6.Contributing to the combat of organized crime;
Page 139, TITLE 4, CHAPTER TWO: THE SOCIOECONOMIC ISSUE, Issues of Agriculture and Forestry
69. Activating the law of forestry and holding to account perpetrators of illegal logging at the cost of forestry; - DrugsPage 66, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 27. The Police
27.13.4.Combat organized and cross-border crime, including terrorism, human trafficking, illegal migration, drug and weapons smuggling, money laundering, and electronic crimes;
Page 128, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Integration
91. Duties of the Joint Police Technical Committee
...
91.12.Combat organized and cross-border crime, including terrorism, human trafficking, illegal migration, weapons and drugs smuggling, money laundering and electronic crimes. - TerrorismPage 66, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 27. The Police
27.13.4.Combat organized and cross-border crime, including terrorism, human trafficking, illegal migration, drug and weapons smuggling, money laundering, and electronic crimes;
Page 67, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 28. The General Intelligence Service
28.7.5.Uncover threats emanating from destructive activity in the areas of espionage, terrorism, extremism, conspiracy, and vandalism;
...
28.7.7.Cooperate with counterpart or friendly agencies in exchanging information and countering terrorism or acts that threaten common order and security or any matter related to foreign security;
Page 128, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, Integration
91. Duties of the Joint Police Technical Committee
...
91.12.Combat organized and cross-border crime, including terrorism, human trafficking, illegal migration, weapons and drugs smuggling, money laundering and electronic crimes.
Page 129, TITLE 3. CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONTN, Integration
94. The General Intelligence Service shall have the following competencies:
...
94.7.Reveal threats emanating from destructive activity in the areas of espionage, terrorism, extremism, conspiracy, and vandalism.
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94.9. Cooperate with counterparts or friendly agencies in exchanging information; and countering terrorism or acts that threaten common order and security or any matter related to foreign security.
Page 157, TITLE 7. CHAPTER TWO: ASSEMBLY, TRAINING and INTEGRATION, 26. The General Intelligence Service
26.3. The General Intelligence Services shall have the following competencies:
26.3.5. Uncover threats emanating from destructive activity in the areas of espionage, terrorism, extremism, conspiracy, and vandalism.
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26.3.7. Cooperate with counterpart or friendly agencies in the exchange of information and countering terrorism or acts that threaten common order and security or any matter related to foreign security.
Transitional justice
- Transitional justice generalPage 7, TITLE 1, 1. General Principles
1.23.The Parties shall hold a conference for reconciliation and social healing, provided that the Parties agree on mechanisms and schedules therefor, with a commitment to the participation of all Sudanese people without exclusion.
1.24.Combating impunity and bringing justice for victims are necessary for building national reconciliation, healing, promoting the values of peaceful coexistence, and strengthening the social fabric.
Page 12, TITLE 1, 19. Transitional Justice
19.1.Without prejudice to what has been agreed in negotiation tracks, the Parties agree to accord the issue of transitional justice the utmost priority and to form a Transitional Justice Commission within thirty (30) days of the date of signing the peace agreement with the signatory parties to this agreement, provided that transitional justice mechanisms encompass all of Sudan, particularly the conflict areas.
Page 27, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL
General Principles
7. The importance of independent and impartial justice, accountability, and reconciliation, mechanisms, including transitional justice mechanisms, that are consistent with international norms and standards.
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10. Recognition of the special status of women, children, and youth and their issues, as well as the important role of women and youth in the prevention and resolution of conflicts, in transitional justice processes and in peace-building, and the imperative of their equal participation, and full engagement in all efforts for the maintenance of international peace and security, including justice and reconciliation.
Page 95, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.6. The different levels of governance in the Two Areas shall have exclusive powers with regard to transitional justice, reparations, investigating crimes and violations perpetrated, reconciliation, healing the wounds of war, promoting values of peaceful coexistence, and strengthening social fabric.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.8.Transitional justice and reconciliation shall have joint mechanisms derived from the norms, cultures, and heritage of the peoples of Sudan and the Two Areas.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:...
10.9.Create mechanisms that help to end impunity for perpetrators and bring justice for victims to establish a process of national reconciliation and healing. This shall be founded on upholding the rule of law and the international conventions of human rights and the international humanitarian law.
Page 134, TITLE 4. CHAPTER ONE: THE POLITICAL ISSUE, Human Rights and Transitional Justice
5. The federal government shall endeavor to promote human rights in accordance with ratified international and regional instruments and protect freedom of expression, thought, belief and political affiliation;
6. The Parties affirm their willingness to cooperate fully and without restrictions in relation to persons against whom arrest warrants have been issued including, among other things, facilitating bringing those wanted to the International Criminal Court to stand trial;
7. The Parties shall consider signing and ratifying treaties, agreements and protocols, particularly those related to the rights of women, children and families and complying with the international law and rules of human rights;
8. Codifying UNSC resolution 1325 related to Women, Peace and Security;
9. The Federal Government shall endeavor to carry out fair investigations and trials for all violations perpetrated in the region since 30 June 1989, particularly the events of 29 January 2005, the events of 27-28 Ramadan 2019 in Port Sudan, preceding events in the state of alQadarif and the rest of the region and the various events that followed in the region by forming independent investigation committees and bringing perpetrators to stand trial as soon as
possible;
10. Guaranteeing the rights of shipping and unloading workers onboard and off-board ships and reaching lasting remedies for their employment status in accordance with the law;
Page 218, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Investigate events in the region
Timing: Immediately after signing the agreement
Implementing Party: Government of Sudan
Funding: Transitional Government of Sudan
Composition: Government of Sudan
Procedures: Create independent investigation mechanisms
Reference / article: 9 - Amnesty/pardonTransitional justice→Amnesty/pardon→Amnesty/pardon properPage 12, TITLE 1, 17. General Amnesty:
17.1.The Government shall commit to granting a general amnesty for passed rulings and standing warrants against political leadership and members of armed movements in relation to their membership therein, following the necessary legal review by the competent bodies immediately upon signing the peace agreement.
Page 32, TITLE 2. Chapter 3: Justice, Accountability, and Reconciliation Protocol
26. Amnesty and Immunity
26.1.The Government shall commit to the issuance of general amnesty for sentences and warrants issued against political leaders and members of the armed movements due to their membership therein, after the competent bodies undertake the necessary legal review immediately upon signing the Peace Agreement.
Page 64, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.16.Criteria for the integration of individuals: criteria for general eligibility for integration in military institutions and security services shall be as follows:
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26.16.4.Not convicted of an offense infringing upon honor and honesty (except those who will be covered by the general amnesty under the peace agreement);
Page 167, TITLE 9, 1. National Issues Implementation matrix
Activity: Issue the general amnesty decree
Timing: Immediately after signing the Final Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding:
Composition:
Procedures: Issue the general amnesty decreee
Reference article: 17.1
Page 191, TITLE 9, 8. Darfur Track: Justice, Accountability, and Reconciliation Implementation Matrix
(16) Activity: Issue a general amnesty
Timing: Immediately upon signing the Final Agreement
Implementing Party: Government of Sudan
Procedures: Issue a decision for general amnesty
Reference/ Article: 26.1 and article 17.1 of the National IssuesTransitional justice→Amnesty/pardon→Relief of other sanctionsPage 32, TITLE 2. Chapter 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 26. Amnesty and Immunity
26.2.The Government shall commit to return property belonging to the organizations and individuals which have been confiscated because of the war, provided that ownership is proven by any means of proof.Transitional justice→Amnesty/pardon→Power to amnestyPage 75, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 34. Amnesty
The Government shall commit to issuing a general amnesty for the indictments and standing warrants issued against political leaders and members of the armed movements because of their membership therein, after conducting the required legal review by the competent bodies immediately upon signing of the peace agreement.Transitional justice→Amnesty/pardon→Amnesty prohibitionPage 8, TITLE 1, 1. General Principles
1.31.The scope of general amnesty as stipulated in this agreement shall not apply to war crimes, crimes against humanity, genocide, sexual violence, the use of soldiers under the age of 18, and gross violations of human rights and international humanitarian law.
Page 27, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL
General Principles
4. Recognition that that the pursuit of justice, accountability, and reconciliation precludes the possibility of any amnesty or immunity for perpetrators of genocide, crimes against humanity, or war crimes.
Page 30, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 22. The Truth and Reconciliation Committee (TRC)
22.5.9.The TRC shall not have the authority to grant amnesty of any kind, unless approved by victims and in a fashion that facilitates its work, promotes community reconciliations and heals the wounds caused by the conflict in Darfur;
Page 144-145, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 7. An independent committee shall be formed by the attorney general to investigate human rights violations and shooting at protestors in the events of April 2006 in al-Arkoub area and in June 2006 in Kajbar area, in observance of the principle of no-impunity for perpetrators. - CourtsTransitional justice→Courts→National courtsPage 27, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, General Principles
9. Ensuring that all perpetrators of violations of human rights and international humanitarian law are held accountable pursuant to the jurisdiction of domestic courts, the International Criminal Court, or the Special Court for war crimes in Darfur.
Page 28, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 20. National Courts
20.1.Except for crimes that amount to violations of international criminal law and the crimes prescribed within the jurisdiction of the International Criminal Court, the Special Court for Darfur, and the issues reserved for the Truth and Reconciliation Committees, Sudanese courts shall exercise their authority and jurisdiction as prescribed by law.
20.2.The domestic courts within the national judicial system of Sudan shall refer all cases outside of their jurisdiction to other competent justice mechanisms, namely: The Special Court for Darfur, traditional justice mechanisms, and the Truth and Reconciliation Committee.
Page 30, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 23. Traditional Justice Mechanisms
23.1.Traditional justice mechanisms in Darfur shall be empowered to penalize individuals who committed offenses related to the conflict or to the perpetuation of intra-tribal and inter-tribal conflicts. The jurisdiction of traditional justice mechanisms shall include all offenses related to the conflicts that fall outside the jurisdiction of the ICC, the Special Court for Darfur Crimes, the national judiciary of Sudan, and the Truth and Reconciliation Committee.
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23.7.Traditional justice mechanisms shall refer all cases outside of their jurisdiction to other competent justice mechanisms, including the Special Court for Darfur Crimes, the national judiciary of Sudan, and the Truth and Reconciliation Committee.
Pages 31-32, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 25. Special Court for Darfur Crimes
25.1.The Parties agree to establish a special tribunal for crimes that took place in Darfur within 90 (ninety days) of the signing of this Agreement. The work of the tribunal shall continue for 10 (ten years) from the date of its establishment, unless it has completed its work before this specified period.
25.2.The Court shall be composed of Sudanese judges recognized for their competence and integrity and appointed by the head of the judiciary.
25.3.An independent prosecutor for the Special Court for Darfur Crimes shall be appointed by the Attorney General upon the approval of the Parties to the Agreement.
25.4.The Special Court for Darfur Crimes shall have the jurisdiction to prosecute genocide, crimes against humanity, war crimes and gross violations of international human rights and humanitarian law since 2002.
25.5.The Special Court shall define its headquarters and it may establish courts in any of the areas of Darfur.
25.6.A team of experts and specialists from the African Union shall monitor the court’s procedures to ensure proceedings are conducted in accordance with the rules of justice and fairness set forth in international law.
25.7.The Special Court for Darfur Crimes shall apply Sudanese criminal law and international criminal law in relation to war crimes, crimes against humanity, and genocide.
25.8.The Government of Sudan commits to ensuring access to witnesses, victims, and perpetrators to the Special Court, including those outside Darfur, in coordination with the competent authorities in relevant fields.
Page 191-192, TITLE 9, 8. Darfur Track: Justice, Accountability, and Reconciliation Implementation Matrix
(12) Activity: Establish the Special Court for Darfur Crimes
Timing: Within 90 days of the date of signing the Agreement and continues for 10 years
Implementing Party: The Judicial Authority
Procedures: Issue a decision establishing the court
Reference/ Article: 25.1; 25.2; and 25.5
(13) Activity: Appoint an independent prosecutor for the Special Court for Darfur Crimes
Timing: After signing the Agreement
Implementing Party: The prosecutor with consensus of the Parties
Procedures: Issue a decision appointing the public prosecutor of the Special Court for Darfur Crimes
Reference/ Article: 25.3
(14) Activity: Ensure access of witnesses, victims, and perpetrators to the Special Court, including those outside of Darfur
Timing: After establishing the Special Court for Darfur Crimes
Implementing Party: Government of Sudan
Source of Funding: The Darfur Peace Support and Sustainable Development Fund
Procedures: Take the necessary arrangements to ensure access of witnesses, victims and perpetrators
Reference/ Article: 25.8
(15) Activity: Establish national courts and refer all crimes outside its jurisdictions to the Special Court, traditional justice mechanisms, and the TRC
Timing: After establishing the Special Court for Darfur Crimes
Procedures: Issue decisions to establish courts
Reference/ Article: 20.2Transitional justice→Courts→International courtsPage 27, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, General Principles
9. Ensuring that all perpetrators of violations of human rights and international humanitarian law are held accountable pursuant to the jurisdiction of domestic courts, the International Criminal Court, or the Special Court for war crimes in Darfur.
Page 28, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 20. The National Judiciary
20.1.Except for crimes that amount to violations of international criminal law and the crimes prescribed within the jurisdiction of the International Criminal Court, the Special Court for Darfur, and the issues reserved for the Truth and Reconciliation Committees, Sudanese courts shall exercise their authority and jurisdiction as prescribed by law.
Page 30, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 23. Traditional Justice Mechanisms
23.1.Traditional justice mechanisms in Darfur shall be empowered to penalize individuals who committed offenses related to the conflict or to the perpetuation of intra-tribal and inter-tribal conflicts. The jurisdiction of traditional justice mechanisms shall include all offenses related to the conflicts that fall outside the jurisdiction of the ICC, the Special Court for Darfur Crimes, the national judiciary of Sudan, and the Truth and Reconciliation Committee.
Page 31, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 24. The International Criminal Court
24.1.The Parties acknowledge their preparedness for full and unlimited cooperation with the ICC concerning persons for whom arrest warrants have been issued. This includes, among other things, facilitating the appearance of those wanted before the ICC and committing to Security Council Resolution 1593 of 2005, which referred the Darfur situation to the ICC.
24.2.The Parties shall provide ICC prosecutors and investigators with easy access to victims, witnesses, and investigation sites, and shall allow ICC personnel to freely travel throughout Sudan’s roads, waterways, and airspace at all times.
24.3.The Parties shall not interfere with the investigations and trials conducted by the ICC and shall ensure the protection and safety of all prosecutors, victims, and witnesses.
24.4.The Parties pledge that all persons subject to ICC warrants, standing trial at the ICC, or convicted by the ICC shall be immediately removed from any elected or appointed government positions and shall be unable to hold any such positions until their removal from ICC warrants, the dismissal or dropping of charges against them, or their being found not-guilty by the ICC.
Page 190-191, TITLE 9, 8. Darfur Track: Justice, Accountability, and Reconciliation Implementation Matrix
(9) Activity: Cooperation with the ICC and facilitating the appearance of the wanted before the ICC and abiding by the Security Council Resolution 1593
Timing: Immediately after signing the Final Agreement
Implementing Party: The Parties
Procedures: Communication and the full unlimited
Reference/ Article: 24.1
(10) Activity: Facilitate access to victims, witnesses, and investigation sites, and allow ICC personnel to freely move around and ensure the protection and safety of all prosecutors, victims and witnesses
Timing: Immediately after signing the Final Agreement
Implementing Party: Transitional Government of Sudan
Procedures: Facilitate access to victims, witnesses and investigation sites
Reference/ Article: 24.2 and 24.3 - MechanismPages 29-30, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 22. The Truth and Reconciliation Committee (TRC)
22.1.The Parties agree to establish a Truth and Reconciliation Committee within 60 (sixty days) of the date of signing this Agreement, which shall:
22.1.1.Identify and assess the root causes of conflicts in Darfur.
22.1.2.Investigate violations, crimes, and human rights abuses including violations of economic, social, environmental, and cultural rights committed since June 1989.
22.1.3.Address issues of impunity and build confidence and a culture of peace and reconciliation.
22.1.4.Undertake a comprehensive analysis to determine the causes, nature, and extent of the conflicts, including the extent of international humanitarian law and human rights law violations and the motives of the perpetrators.
22.1.5.Determine whether such violations were the result of deliberate planning by the state or state actors, political organizations, the armed struggle movements, or other groups or individuals.
22.1.6.Perform any other tasks or activities related to truth and reconciliation.
22.2.The Parties agree that the TRC shall commence operations within 60 (sixty days) from the date of its establishment, and shall continue its operations for a period no less than 10 (ten years) from the date of its first day of operation, unless it completes its duties fully.
22.3.The Truth and Reconciliation Committee shall have headquarters in the capitals of the states of Darfur and Khartoum, and an office in every community affected by the conflicts, as needed.
22.4.The TRC shall be composed of the following:
22.4.1.The TRC shall be composed of 11 members;
22.4.2.Each Party shall select 5 members, in addition to one person agreed upon by the Parties to act as chairperson of the committee;
22.4.3.Each Party shall select at least one woman on the committee;
22.4.4.Individuals appointed to the TRC shall be persons of high moral and professional integrity, and regarded as impartial by the Darfur population;
22.4.5.The TRC members shall be independent and have extensive experience in human rights, and/or transitional justice and/or truth and reconciliation committees.
22.5.In addition to any further competencies determined by the Parties, the TRC shall have the following competencies:
22.5.1.Provide an opportunity for the victims and perpetrators of human rights violations as well as other people to share their experiences, establish a common understanding of the past, facilitate genuine healing within communities, promote reconciliation, and prevent future atrocities;
22.5.2.Receive statements and testimonies from victims, witnesses, local communities, interest groups, persons directly or indirectly involved in events, or any other group or individual;
22.5.3.Undertake investigations and research, including the powers to call persons to speak before the TRC, to collect relevant evidence, to conduct the necessary interviews, and undertake any other measures or inquiries it deems useful to perform its mandate;
22.5.4.Hold hearings;
22.5.5.Engage in activities it views as appropriate to advance community reconciliation;
22.5.6.Store collected evidence in an agreed-upon location provided with the necessary safety measures to protect victims and witnesses;
22.5.7.Accurate and comprehensive record and documentation of all crimes and forms of violations, as well as effective systems for managing documentation to facilitate the recovery of information;
22.5.8.In the interest of preventing further psychological or emotional harm to victims, and to encourage witnesses to give their testimonies, the TRC will ensure that victims and witnesses receive support from a professional team of psychologists. Special procedures shall be introduced to protect child witnesses and victims;
22.5.9.The TRC shall not have the authority to grant amnesty of any kind, unless approved by victims and in a fashion that facilitates its work, promotes community reconciliations and heals the wounds caused by the conflict in Darfur;
22.5.10.The Parties shall determine the full scope of the investigative semi-judicial powers of TRC; and
22.5.11.The TRC shall recommend measures towards strengthening and solidifying a comprehensive and lasting peace in Darfur and shall submit its findings and recommendations periodically to the government of Darfur region/states. The TRC shall submit its reports with recommendations to take legal, political, or administrative measures based on the findings of its investigations. The report shall remove all confidential personally-identifiable information, and shall be made public on a large-scale.
22.6.The Parties shall request the assistance of the international community in providing the necessary financial and technical support for the work of the TRC. The Government of Sudan shall ensure that the TRC receives adequate funds, appropriate facilities and appropriately qualified national and international staff to assist it in carrying out its functions. The funding necessary for the initiation of TRC shall be provided.
22.7.The Parties shall ensure the prevention of interference in the work of the TRC, intimidation or influence of its members and staff, and the infringement of its affiliates, property, assets, and facilities, and permit them to function independently. The TRC shall adopt its internal bylaws, which shall be simple, publicly accessible, and informed by best practices gathered through collaboration with international organizations and experts in international law. The TRC shall cooperate and coordinate with other mechanisms identified by this Agreement.
Page 38, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12.15.The Fund shall cooperate and coordinate with other commissions established pursuant to this Agreement, especially the Commission for the Return of IDPs and Refugees, the Development and Reconstruction Commission, the Lands and Hawakeer Commission, the Truth and Reconciliation Committee, the Darfur Special Court for War Crimes, and the mechanisms of traditional justice.
Page 108, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, DEVELOPMENT AND RECONSTRUCTION COMMISSION AND MECHANISM, 85. Transitional Justice and Reconciliation Commission: The Parties shall establish a branch of the National Transitional Justice and Reconciliation Commission in the state/region. A law shall define the powers, competencies, and method of work thereof.
Page 167, TITLE 9, 1. National Issues Implementation matrix
Activity: Establish the Transitional Justice Commission
Timing: Within 30 days of the date of signing the Final Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding: Transitional Government of Sudan
Composition:
Procedures: Issue a decision establishing the Commission
Reference article: 19.1
Page 189-191, TITLE 9, 8. Darfur Track: Justice, Accountability, and Reconciliation Implementation Matrix
(1) Activity: Establish the Truth and Reconciliation Committee (TRC)
Timing: Within 60 days of the date of signing the Final Agreement
Implementing Party: The Parties
Source of Funding: The Darfur Peace Support and Sustainable Development Fund
Composition: 11 members and each Party shall select at least one woman
Procedures: Issue a decision creating the committee
Reference/ Article: 22.1; 22.1.1; 22.1.2; 22.1.3; 22.1.4; 22.1.5; 22.1.6; 22.4; and 21.1
(2) Activity: TRC commencement of operations
Timing: Within 60 days of the date of establishing the TRC and for a period of 10 years
Implementing Party: TRC
Source of Funding: The Darfur Peace Support and Sustainable Development Fund
Procedures: Take the necessary measures
Reference/ Article: 22.2
(3) Activity: Create headquarters and offices of the TRC
Timing: After establishment of the TRC
Implementing Party: TRC
Source of Funding: The Darfur Peace Support and Sustainable Development Fund
Procedures: Take the necessary measures
Reference/ Article: 22.3
(4) Activity: Determine the semi-judicial powers of TRC and protect staff and witnesses
Timing: After establishment of the TRC
Implementing Party: The Parties
Reference/ Article: 22.5.10 and 22.7
(5) Activity: Present and publish reports and recommendations
Timing: Periodically after commencing its activities
Implementing Party: TRC
Procedures: Draft and submit reports to the Darfur regional/ state government and publish them.
Reference/ Article: 22.5.11
...
(7) Activity: Develop the regulations and rules of procedures of the TRC
Timing: Immediately after the establishment of the TRC
Implementing Party: TRC
Procedures: Develop and adopt the regulations and rules of procedures
Reference/ Article: 22.7
(8) Activity: Enable traditional justice mechanisms in Darfur to deal with individuals who have committed crimes related to the conflict or to the perpetuation of inter-tribal and intra-tribal conflicts
Timing: After establishment of the TRC
Implementing Party: TRC and local authorities
Source of Funding: The Darfur Peace Support and Sustainable Development Fund
Procedures: Empower traditional mechanisms and provide them with the logistics
Reference/ Article: 23.1; 23.2; 23.3; and 23.6
Page 200, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish the commission for transitional justice and reconciliation in the state / region
Timing: after establishing the national commission
Implementing Party: The state / regional government
Source of Funding: government of Sudan and donors
Composition: the state / regional government
Location: state / region
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 85
Page 209, TITLE 9, 12. Northern Track Implementation matrix
Activity: Establish specialised organs and commissions that ensure remedying grievances and restitution
Timing: After ratifying the peace agreement
Implementing Party: Government of Sudan
Sources of Funding: Government of Sudan
Composition: Create the specialized organs
Procedures: Issue decisions
Reference / article: Article 14 General Principles
Page 210, TITLE 9, 12. Northern Track Implementation matrix
Activity: Form an independent committee to investigate human rights violations (Kajbar / al-Arkoub)
Timing: Immediately upon ratifying the peace agreement
Implementing Party: The attorney general
Sources of Funding: Government of Sudan
Composition:
Procedures: Issue the decisions to form an independent committee
Reference / article: Article 7 (Northern Track Issues) - Prisoner releasePage 53, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 14. General Provisions and Principles of the Permanent Ceasefire
14.5.The Parties shall commit to immediately releasing the remaining prisoners of war unless they are indicted in private rights cases as a sign of national reconciliation, in addition to releasing any other persons detained due to the war in furtherance of confidence building measures and searching for missing persons;
14.6.The Parties must engage judicial and legal bodies, national organizations and the ICRC in the process of releasing war prisoners and other persons detained due to the war and searching for missing persons;
Page 62, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.7.The Parties agree to establish a Joint High Council chaired by the commander-in-chief of the Armed Forces, with the membership of the commander of Rapid Support Forces, Minister of Defense, Minister of the Interior, the Chief of Staff, the Director General of the Police, Director General of the General Intelligence Service, head of the Military Intelligence Authority and heads of the armed struggle movements for supervision, monitoring, evaluation, and follow up on the implementation of integrating the forces of the armed struggle movements and evaluating the security and humanitarian situation in Darfur. The Joint High Council shall hold periodic meetings. It shall, among other functions, form a mechanism to address the issue of war prisoners and missing persons of both Parties.
26.8.The Parties agree to establish a joint high committee with equal membership of the Parties to address the issue of prisoners and missing persons of both parties within (30) days from the date of the signing of this agreement. The committee shall submit its final report to the Joint High Council within three months of the date of its establishment;
Page 112, TITLE 3, CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, General and Fundamental Provisions
20. The Parties shall commit to engaging judicial and legal bodies, national organizations, and the International Committee of the Red Cross in the process of releasing all prisoners of war and other people detained or convicted as a result of the war as well as looking for missing persons in a fashion that promotes reconciliation and heals the wounds of war.
Page 194, TITLE 9, 9. Darfur Track Permanent Ceasefire and Security Arrangements Implementation Matrix
(12) Activity: The Joint High Council shall establish a joint high committee to address the issue of prisoners and missing persons of both parties
Timing: D-Day + 30
Implementing Party: The Joint High Council
Funding: Government of Sudan
Composition: The Parties
Procedures: Decision by the Council
Reference: Articles 26.8
Page 195, TITLE 9, 9. Darfur Track Permanent Ceasefire and Security Arrangements Implementation Matrix
(23) Activity: The Joint High Committee for addressing the issue of war prisoners and missing persons submits its final report to the Joint High Council
Timing: D-Day + 120
Implementing Party: The High Committee for addressing the issues of war prisoners and missing persons
Funding: Government of Sudan
Procedures: Submit reports
Reference: Articles 26.8 - Vetting
No specific mention.
- VictimsPage 27, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, General Principles
2. Adopting transitional justice mechanisms to provide remedies for victims and legal accountability for perpetrators of acts of violence related to the conflicts in Darfur.
...
5. The right of victims to have unhindered access to effective justice and redress mechanisms, in particular the right to an adequate, effective, and prompt remedy or reparations for violations of international human rights law and international humanitarian law.
6. The right of victims to have access to education about their rights as victims of domestic violations, human rights violations, and other violations of international humanitarian law.
Pages 29, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 21. Truth and Reconciliation
21.2.5 Providing formal and informal apologies, individually and collectively, to the victims of war.
PageS 29-30, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 22. The Truth and Reconciliation Committee (TRC)
22.5.In addition to any further competencies determined by the Parties, the TRC shall have the following competencies:
22.5.1.Provide an opportunity for the victims and perpetrators of human rights violations as well as other people to share their experiences, establish a common understanding of the past, facilitate genuine healing within communities, promote reconciliation, and prevent future atrocities;
22.5.2.Receive statements and testimonies from victims, witnesses, local communities, interest groups, persons directly or indirectly involved in events, or any other group or individual;
...
22.5.8.In the interest of preventing further psychological or emotional harm to victims, and to encourage witnesses to give their testimonies, the TRC will ensure that victims and witnesses receive support from a professional team of psychologists. Special procedures shall be introduced to protect child witnesses and victims;
22.5.9.The TRC shall not have the authority to grant amnesty of any kind, unless approved by victims and in a fashion that facilitates its work, promotes community reconciliations and heals the wounds caused by the conflict in Darfur;
Page 31, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 23. Traditional Justice Mechanisms
23.9.Respecting the due process rights of the accused and providing timely justice to victims shall be a constant consideration at all stages of proceedings within the traditional justice mechanisms.
...
23.11.Free legal aid shall be provided to the victims and to the defendant for an effective defense in all cases brought before traditional justice mechanisms.
Page 31, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 24. The International Criminal Court
24.2.The Parties shall provide ICC prosecutors and investigators with easy access to victims, witnesses, and investigation sites, and shall allow ICC personnel to freely travel throughout Sudan’s roads, waterways, and airspace at all times.
Page 32, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 25. Special Court for Darfur Crimes
25.8.The Government of Sudan commits to ensuring access to witnesses, victims, and perpetrators to the Special Court, including those outside Darfur, in coordination with the competent authorities in relevant fields.
Page 32, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 27. Memorialization
27.1.The Parties agree to establish memorials honoring the victims of the conflicts in Darfur. The memorialization will help provide closure for those who experienced the conflict, and education and awareness-raising for those who did not. Memorialization for victims of the conflict in Darfur may take many forms, including but not limited to annual public ceremonies, museums, documentation centers, or monuments.
27.2.The memorials for victims of the conflict in Darfur shall be designed to promote reconciliation, and to demonstrate commitment of the people of Darfur and the Government of Sudan to protecting human rights and preventing the recurrence of violence. The memorial spaces for victims of the conflict in Darfur will also be used as places to engage in civic affairs and education programs related to the conflict and its aftermath.
Page 36, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, General Principles
1. Victims of the conflict in Darfur shall have the right to have unimpeded access to effective justice and redress mechanisms, including the right to an adequate, effective, and prompt remedy or reparation for damages arising from the conflict in Darfur and for violations of international human rights law and international humanitarian law.
2. Victims of the conflict in Darfur shall have the right to reparations in the form of compensation, restitution, rehabilitation, and/or satisfaction, and commemoration.
3. All individuals and communities in Darfur who suffered direct or indirect damage as a result of the conflict in Darfur or other grave human rights violations during the conflict in Darfur shall have a right to reparations.
4. Victims of the conflict in Darfur shall have guaranteed access to the necessary knowledge and information related to their rights as victims of violations of human rights, international humanitarian law, and other relevant international laws, including their right to reparations.
5. Reparations awarded to victims of the conflict in Darfur shall be designed to acknowledge their suffering, repair their losses, and restore the dignity, security, and stability of victims and their communities.
Page 36-37, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, General Principles
10. For purposes of the Peace Agreement, the term “victims of the conflict in Darfur” shall mean:
10.1.Individuals and groups affected by the conflict in Darfur, including male and female survivors of rape, victims of physical, mental, and psychological injuries or those who lost their property or whose basic rights were violated.
10.2.Parentless children.
10.3.Unaccompanied children.
10.4.Separated children.
10.5.Immediate family or dependents of persons who suffered harm as defined in Paragraph (10.1).
10.6.Non-combatants who suffered harm while intervening to assist persons in distress or to prevent victimization.
Page 38, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12.11.[The Fund shall] develop a table for awarding the timely compensation payments on the basis of financial principles that require awarding financial compensation proportionate to the damage and loss suffered by the victim. Women, men, children and persons with special needs shall be treated equally when implementing the payments.
...
12.16.Regular revision shall be undertaken to ensure the optimal use and distribution of funds allocated to compensate victims, in accordance with the financial procedures applicable in such cases, including the principles of equality of gender and age.
...
12.18.The Parties agree to establish a fund to care for the affairs of martyrs and the wounded in Darfur within ninety (90) days of the date of signing this Agreement, provided that the federal government contributes to its financing and seeks to solicit money from inside and outside Sudan.
Page 43, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 8. Internally Displaced Persons and Refugees Commission
8.6.4.The IDPRC shall establish a fair valuation mechanism for the purpose of receiving claims from victims to receive compensation and other means of reparations for harm resulting from the conflict in Darfur.
...
8.6.17.The IDPRC may submit recommendations to relevant parties to provide urgent assistance to victims and those in need among IDPs and refugees, provided that such assistance does not adversely impact their rights to due compensations from IDPRC.
Page 47, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 9. Darfur Lands and Hawakeer Commission
9.7. The DLHC shall form a mechanism for fair evaluation for purposes of receiving claims from victims to receive compensation and other means of reparations for harm inflicted due to the conflict.
Page 49, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, Preamble
ACKNOWLEDGING the major role played by the martyrs of the Armed Forces, the Rapid Support Forces, security forces, and forces of the armed struggle movements during the struggle for freedom, peace, justice and equality, and in furtherance of national reconciliation, a national day for martyrs shall be created.
Page 63, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.12.The Parties agree to establish a fund to care for the affairs of martyrs and the wounded in Darfur within three months of the signing of this Agreement, provided that the Federal Government contributes to its funding and works to attract funds internally and from abroad.
Page 94, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT, General Principles
4. Ensure that the right of victims to have access to effective justice and reparation mechanisms, especially the basic rights to prompt redress for injustices and compensation.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.9.Create mechanisms that help to end impunity for perpetrators and bring justice for victims to establish a process of national reconciliation and healing. This shall be founded on upholding the rule of law and the international conventions of human rights and the international humanitarian law.
Page 109, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GENERAL PROVISIONS, 105. The Parties agree to establish a fund concerned with the affairs of martyrs and wounded persons in the Two Areas within three months from the date of signing this Agreement provided that the Federal Government contribute to its funding and solicit foreign and domestic funding for that purpose.
Page 191-192, TITLE 9, 8. Darfur Track: Justice, Accountability, and Reconciliation Implementation Matrix
(10) Activity: Facilitate access to victims, witnesses, and investigation sites, and allow ICC personnel to freely move around and ensure the protection and safety of all prosecutors, victims and witnesses
Timing: Immediately after signing the Final Agreement
Implementing Party: Transitional Government of Sudan
Procedures: Facilitate access to victims, witnesses and investigation sites
Reference/ Article: 24.2 and 24.3
...
(14) Activity: Ensure access of witnesses, victims, and perpetrators to the Special Court, including those outside of Darfur
Timing: After establishing the Special Court for Darfur Crimes
Implementing Party: Government of Sudan
Source of Funding: The Darfur Peace Support and Sustainable Development Fund
Procedures: Take the necessary arrangements to ensure access of witnesses, victims and perpetrators
Reference/ Article: 25.8
...
(18) Activity: Establish memorials to honor and commemorate the victims of the conflicts in Darfur
Timing: After signing the Final Agreement
Implementing Party: TRC & the Compensations Fund
Source of Funding: The Darfur Peace Support and Sustainable Development Fund
Procedures: Design the necessary programs for commemoration
Reference/ Article: 27.1; 27.2; and 27.3
Page 202-203, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish a fund concerned with affairs of martyrs and wounded persons
Timing: Within 90 days of the date of signing the Peace Agreement
Implementing Party: state / regional government
Source of Funding: Transitional government of Sudan, state / regional government and donors
Composition: state / regional government
Location:
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 105 - Missing personsPage 53, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 14. General Provisions and Principles of the Permanent Ceasefire
14.5.The Parties shall commit to immediately releasing the remaining prisoners of war unless they are indicted in private rights cases as a sign of national reconciliation, in addition to releasing any other persons detained due to the war in furtherance of confidence building measures and searching for missing persons;
14.6.The Parties must engage judicial and legal bodies, national organizations and the ICRC in the process of releasing war prisoners and other persons detained due to the war and searching for missing persons;
Page 62, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 26. Integration
26.7.The Parties agree to establish a Joint High Council chaired by the commander-in-chief of the Armed Forces, with the membership of the commander of Rapid Support Forces, Minister of Defense, Minister of the Interior, the Chief of Staff, the Director General of the Police, Director General of the General Intelligence Service, head of the Military Intelligence Authority and heads of the armed struggle movements for supervision, monitoring, evaluation, and follow up on the implementation of integrating the forces of the armed struggle movements and evaluating the security and humanitarian situation in Darfur. The Joint High Council shall hold periodic meetings. It shall, among other functions, form a mechanism to address the issue of war prisoners and missing persons of both Parties.
26.8.The Parties agree to establish a joint high committee with equal membership of the Parties to address the issue of prisoners and missing persons of both parties within (30) days from the date of the signing of this agreement. The committee shall submit its final report to the Joint High Council within three months of the date of its establishment;
Page 112, TITLE 3, CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, General and Fundamental Provisions
20. The Parties shall commit to engaging judicial and legal bodies, national organizations, and the International Committee of the Red Cross in the process of releasing all prisoners of war and other people detained or convicted as a result of the war as well as looking for missing persons in a fashion that promotes reconciliation and heals the wounds of war.
Page 197, TITLE 9: Implementation Matrices, 9. Darfur Track Permanent Ceasefire and Security Arrangements Implementation Matrix
(12) Activity: The Joint High Council shall establish a joint high committee to address the issue of prisoners and missing persons of both parties
Timing: D-Day + 30
Implementing Party: The Joint High Council
Funding: Government of Sudan
Composition: The Parties
Procedures: Decision by the Council
Reference: Articles 26.8
Page 198, TITLE 9: Implementation Matrices, 9. Darfur Track Permanent Ceasefire and Security Arrangements Implementation Matrix
(23) Activity: The Joint High Committee for addressing the issue of war prisoners and missing persons submits its final report to the Joint High Council
Timing: D-Day + 120
Implementing Party: The High Committee for addressing the issues of war prisoners and missing persons
Funding: Government of Sudan
Procedures: Submit reports
Reference: Articles 26.8 - ReparationsTransitional justice→Reparations→Symbolic reparationsPage 36, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, General Principles
1. Victims of the conflict in Darfur shall have the right to have unimpeded access to effective justice and redress mechanisms, including the right to an adequate, effective, and prompt remedy or reparation for damages arising from the conflict in Darfur and for violations of international human rights law and international humanitarian law.
2. Victims of the conflict in Darfur shall have the right to reparations in the form of compensation, restitution, rehabilitation, and/or satisfaction, and commemoration.
3. All individuals and communities in Darfur who suffered direct or indirect damage as a result of the conflict in Darfur or other grave human rights violations during the conflict in Darfur shall have a right to reparations.
4. Victims of the conflict in Darfur shall have guaranteed access to the necessary knowledge and information related to their rights as victims of violations of human rights, international humanitarian law, and other relevant international laws, including their right to reparations.
5. Reparations awarded to victims of the conflict in Darfur shall be designed to acknowledge their suffering, repair their losses, and restore the dignity, security, and stability of victims and their communities.
Page 38, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12.9.Resolutions to award compensation and reparations issued by the relevant mechanisms to the Compensations and Reparations Fund shall include:
...
12.9.4.Creating public spaces, memorials, museums and other places of memorialization and commemoration; and
12.9.5.Any other traditional forms of compensation.Transitional justice→Reparations→Material reparationsPage 12, TITLE 1. 17. General Amnesty:
17.2.The Government shall commit to returning the property of organizations and individuals...
Page 18, TITLE 2. CHAPTER 1: POWER SHARING PROTOCOL, 26. National Civil Service
26.6.Persons arbitrarily dismissed from civil service for reasons related to the conflict in Darfur shall have their situation remedied through the National Committee for the Reinstitution of Arbitrarily Dismissed Persons.
Page 27, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, General Principles
5. The right of victims to have unhindered access to effective justice and redress mechanisms, in particular the right to an adequate, effective, and prompt remedy or reparations for violations of international human rights law and international humanitarian law.
Page 30, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 23. Traditional Justice Mechanisms
23.2.Traditional justice mechanisms will establish diverse and appropriate penalties that reflect the gravity of the offenses and promote reconciliation, restitution, and compensation for the victims without prejudice to the jurisdiction of the Compensation and Reparations Fund.
Page 36, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, General Principles
1. Victims of the conflict in Darfur shall have the right to have unimpeded access to effective justice and redress mechanisms, including the right to an adequate, effective, and prompt remedy or reparation for damages arising from the conflict in Darfur and for violations of international human rights law and international humanitarian law.
2. Victims of the conflict in Darfur shall have the right to reparations in the form of compensation, restitution, rehabilitation, and/or satisfaction, and commemoration.
3. All individuals and communities in Darfur who suffered direct or indirect damage as a result of the conflict in Darfur or other grave human rights violations during the conflict in Darfur shall have a right to reparations.
4. Victims of the conflict in Darfur shall have guaranteed access to the necessary knowledge and information related to their rights as victims of violations of human rights, international humanitarian law, and other relevant international laws, including their right to reparations.
5. Reparations awarded to victims of the conflict in Darfur shall be designed to acknowledge their suffering, repair their losses, and restore the dignity, security, and stability of victims and their communities.
6. The Parties shall act in accordance with international obligations and practices regarding property rights, compensation, and reparations, including all such obligations towards IDPs and refugees.
7. Without prejudice to the principle of positive discrimination as set forth in the Peace Agreement, distribution of humanitarian aid, the restitution of resources and property, and the award of compensation and reparations in accordance with this Agreement, shall take place without discrimination on the basis of gender, language, tribe, ethnicity, religion, party affiliation, geographic location, status as a displaced or formerly displaced person/refugee, or any other basis.
Page 37, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 11. Rights Related to Compensation, Restitution and Reparations
11.1.All victims of the conflict in Darfur shall have an equal right to seek compensation for the losses and damages suffered by them or their families as a result of the Darfur conflict or of other arbitrary or illegal actions that occurred during the conflict in Darfur.
11.2.Reparations shall include, but not be limited to, the right to seek compensation for lost property, lost livelihood, death in the family, personal injury, and other trauma or damages, whether psychological or physical, resulting from the conflict in Darfur.
11.3.Individuals shall have the right to seek restoration of property or compensation for their lost or seized property resulting from the conflict in Darfur.
11.4.Communities have a collective right to pursue property restitution or compensation for claims regarding communal property, villages, farms and Hawakeer [traditional land].
11.5.Individual and community property restitution or compensation claims shall not be mutually exclusive.
11.6.Individuals and communities have the right to restitution of lands lost resulting from the conflict in Darfur.
11.7.Individuals and communities have the right to pursue compensation for environmental damages, land degradation, or the damage of property resulting from the conflict, including environmental damages or deterioration resulting from displacement and neglect.
11.8.All persons affected by the conflict in Darfur have the right to have restored to them any housing, land, and/or property of which they were arbitrarily or unlawfully deprived, or to be compensated adequately for the loss of their housing, land, and/or property, in accordance with international principles, the Peace Agreement provisions and traditional norms. Accordingly:
11.8.1.Assets and property confiscated and looted from individuals, institutions and communities in Darfur shall be returned or restituted to their rightful owners, and in cases where the return of such property is impossible, a just compensation shall be provided.
11.8.2.Displaced persons and refugees who were displaced because of the conflict in Darfur shall enjoy this right whether they choose to return to their places of origin or not.
11.9.No individual or group may be stripped of the traditional and historic right in land ownership or access to water, unless consulted or provided with fair compensation.
Page 37, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12. Compensation and Reparations Fund
12.1.The Parties agree to establish the Compensation and Reparations Fund in Darfur within 90 (ninety days) of the date of signing this Agreement to receive and address compensation and reparation decisions issued by relevant bodies.
12.2.The Parties shall agree on the organizational and functional structure of the Compensations and Reparations Fund in accordance with the parameters set forth in the Agreement.
12.3.The Fund shall make its own regulations, rules, procedures, and decision-making methods.
Page 38, TITLE 2. CHAPTER 4: COMPENSATION AND REPARATIONS PROTOCOL, 12. Compensation and Reparations Fund
12.4.Women shall comprise at least 40 percent of the functional structure of the Fund.
12.5.The Compensation and Reparations Fund in Darfur shall have the competency to implement resolutions on the dues and compensation issued by relevant parties to the benefit of beneficiaries.
12.6.The Fund’s procedures shall be simple, accessible, transparent, enforceable, free of charge, and takes into consideration age, gender and persons with disability.
12.7.The Fund’s procedures shall be made publicly available within one year of the signing of the Peace Agreement.
12.8.All forms of documents issued by competent bodies shall be admissible before the Compensations and Reparations Fund, after examining and verifying their authenticity, including but not limited to:
12.8.1.Documents;
12.8.2.Testimony by traditional and local leaders;
12.8.3.Testimony by other witnesses to prove entitlement to compensation; and
12.8.4.Any other evidentiary documents recognized by the relevant commissions and mechanisms.
12.9.Resolutions to award compensation and reparations issued by the relevant mechanisms to the Compensations and Reparations Fund shall include:
12.9.1.Monetary compensation;
12.9.2.Medical and psychological rehabilitation;
12.9.3.Legal assistance and social services;
12.9.4.Creating public spaces, memorials, museums and other places of memorialization and commemoration; and
12.9.5.Any other traditional forms of compensation.
12.10.The Fund shall have a public record.
12.11.[The Fund shall] develop a table for awarding the timely compensation payments on the basis of financial principles that require awarding financial compensation proportionate to the damage and loss suffered by the victim. Women, men, children and persons with special needs shall be treated equally when implementing the payments.
12.12.The Fund’s staff shall have relevant experience in the fields in which the Fund operates, including human rights and financial and legal issues.
12.13.The Darfur Peace Support and Sustainable Development Fund shall fund activities of the Compensations and Reparations Fund in Darfur for a period of 10 (ten years).
12.14.The Fund may receive assistance from national, regional and international organizations and NGOs in its field of work.
12.15.The Fund shall cooperate and coordinate with other commissions established pursuant to this Agreement, especially the Commission for the Return of IDPs and Refugees, the Development and Reconstruction Commission, the Lands and Hawakeer Commission, the Truth and Reconciliation Committee, the Darfur Special Court for War Crimes, and the mechanisms of traditional justice.
12.16.Regular revision shall be undertaken to ensure the optimal use and distribution of funds allocated to compensate victims, in accordance with the financial procedures applicable in such cases, including the principles of equality of gender and age.
12.17.All necessary measures to maintain the independence and integrity of the Compensation and Reparations Fund shall be taken.
12.18.The Parties agree to establish a fund to care for the affairs of martyrs and the wounded in Darfur within ninety (90) days of the date of signing this Agreement, provided that the federal government contributes to its financing and seeks to solicit money from inside and outside Sudan.
Page 40, Title 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 3. Property, Housing, and Compensation Rights
3.1. All IDPs and refugees shall enjoy the right to voluntary return to their homes, lands, and property, provided that they be fairly compensated for their losses of homes, lands, or property;
3.2. IDPs and refugees shall enjoy all rights to property, ownership of housing, the freedom of movement and residence, and compensation and reparations, as stipulated in this Agreement;
3.3. If the return of IDPs, refugees, and displaced persons to their homes or lands, or the restoration of their property is impossible, they shall have the right to receive fair compensation for their loss and the psychological damages resulting from forced displacement. The compensation shall be paid by the Compensations and Reparations Fund in accordance with international principles and the right of voluntary return for all IDPs and refugees.
Page 42-43, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 8. Internally Displaced Persons and Refugees Commission
8.6.3.The IDPRC in Darfur shall establish local committees for claims that shall be comprised of local, traditional, and community leaders, including representatives of IDPs, refugees, and women. The local committees shall investigate compensation-related claims and other means of reparations, and submit their reports to the IDPRC in Darfur;
8.6.4.The IDPRC shall establish a fair valuation mechanism for the purpose of receiving claims from victims to receive compensation and other means of reparations for harm resulting from the conflict in Darfur.
...
8.6.14.Refer returnees with property restitution claims to the relevant commissions;
Page 104, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS, 64. A joint committee shall be established to restitute or compensate, in case of depreciation or damage, private and public property confiscated from SPLM-N-SRF, provided that it starts its work immediately upon signing the Final Peace Agreement and completes its work within a period of no more than three months. The committee shall ensure the restitution of property which is proven to be owned by the SPLM-N-SRF and members thereof, in accordance with law and good faith, without prejudice to this Agreement.
Page 46, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 8. The Right to Restitution
8.1. The Parties agree to review and revoke the registration of lands which are proven to have been expropriated or forcibly taken after June 1989.
8.2. The Parties agree to the right of communities and individuals to the restitution of lands taken away due to the conflict in Darfur.
8.3. The right to restitution shall be an individual and collective right. Individuals or communities shall have the right to apply for restoration of their land.
8.4. Local communities shall have an independent right in the claims of restituting lands, in regards to collective property (villages, farms and Hawakeer).
8.5. Claims of restituting individual property and collective property shall not be mutually exclusive according to law.
8.6. Male and female IDPs and refugees, affected by the conflict, shall have the right to restore any houses, lands, or farms that they have been arbitrarily or illegally deprived of, irrespective of their choice to return to their original homes.
8.7. All individuals shall be entitled to file claims to the Darfur Lands and Hawakeer Commission within 10 (ten years) from it commencing operations.
Page 47, TITLE 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 9. Darfur Lands and Hawakeer Commission
9.1. The Parties agree to establish the Darfur Lands and Hawakeer Commission (DLHC) within 60 (sixty days) of the date of signing this agreement to hear and mediate claims of property restitution filed by individuals and communities who lost their lands because of the conflict in Darfur.
9.2. The DLHC’s procedures shall be made available for the public within 6 (six months) from the date of signing this Agreement.
9.3. The Parties shall agree on the organizational and functional structure of the DLHC in accordance with the parameters provided for in the Agreement.
9.4. The DLHC shall develop its own regulations, rules of procedures, and decision-making methods.
9.5. The judicial authority shall establish a special court for the DLHC with the exclusive power to hear appeals of decisions of the DLHC and to register the ownership of lands as decided by the DLHC to any party to the conflict.
9.6. The DLHC shall form local committees for claims, which include local, traditional, and community leaders, including representatives of IDPs, refugees and women, to investigate claims related to compensations and other means of reparations. The committees submit their reports to the DLHC.
9.7. The DLHC shall form a mechanism for fair evaluation for purposes of receiving claims from victims to receive compensation and other means of reparations for harm inflicted due to the conflict.
9.8. Without prejudice to the right to appeal, the decisions and awards of DLHC shall be binding.
Page 47, TITL 2. CHAPTER 7: LAND AND HAWAKEER PROTOCOL, 10. DLHC Powers and Competencies
10.1.The DLHC shall have the following powers and competencies:
10.1.1.To arbitrate and adjudicate conflicts over rights related to land disputed between the parties to the conflict.
10.1.2.To identify the legitimate owner of disputed land and its value upon submission of a claim. If restitution is not possible for these lands due to their use for the public interest, the claimant shall receive fair compensation for losses or damages.
Page 94, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT, 4. Ensure that the right of victims to have access to effective justice and reparation mechanisms, especially the basic rights to prompt redress for injustices and compensation.
Page 142, TITLE 5. ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES, 10. The Government shall endeavor to create the appropriate conditions and build the necessary infrastructure for the return of forcibly displaced persons to their historic places in Wadi Halfa and around Nubia Lake, in addition to awarding each citizen wishing to return a piece of residential and agrarian land. The Parties shall create a joint mechanism for developing the rules and regulations to identify those concerned with voluntary return and compensation and supervising enforcement of their resettlement with their families.
Page 180, TITLE 9, 4. Darfur Track: Compensation and Reparations Impl. Matrix
1. Establish the Compensation and Reparations Fund in Darfur
2. Agree on the organizational and functional structure of the Fund
3. Develop the regulations and rules of procedure - ReconciliationPage 7, TITLE 1, 1. General Principles
1.23.The Parties shall hold a conference for reconciliation and social healing, provided that the Parties agree on mechanisms and schedules therefor, with a commitment to the participation of all Sudanese people without exclusion.
1.24.Combating impunity and bringing justice for victims are necessary for building national reconciliation, healing, promoting the values of peaceful coexistence, and strengthening the social fabric.
Page 12-13, TITLE 1, 20. Peace Commission
20.1.The Parties agree to form a Peace Commission tasked with implementing the comprehensive peace agreement with the participation of signatory parties in preparing the commission law and structure.
Page 28, TITLE 2. Chapter 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, General Principles
12. Recognition of the importance of local and indigenous methods of truth-telling, justice, reconciliation, and healing in complementing formal processes of justice and reconciliation, and the inclusion of these mechanisms in the justice process following the settlement of the conflicts.
...
14. Following the example of other African and international experiences and best practices regarding the principles of accountability, reconciliation, truth and justice, and historical memorialization in response to what occurred in Darfur.
...
18. Promoting open dialogue as an appropriate means to achieve lasting reconciliation in Darfur.
Page 28-29, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 21. Truth and Reconciliation
21.1.The Parties agree that promoting reconciliation among the peoples of Darfur represents one of the overarching objectives of this Agreement and that is to be achieved by addressing the root causes of the conflicts, promoting measures to alleviate these causes, and supporting mechanisms and processes that will facilitate forgiveness and the reestablishment of social harmony. The Parties further recognize that the marginalization of the people of Darfur is one of the key root causes of conflict that this Agreement seeks to address.
21.2.The Parties agree that there should be a comprehensive truth and reconciliation process aimed at, among other things:
21.2.1.Ensuring the provision of appropriate conditions for social and peaceful reconciliation among components of the society.
21.2.2.Rebuilding and strengthening relationships between the components of society as well as promoting coexistence, cooperation, and social solidarity in Darfur.
21.2.3.Eradicating tribal and regional polarization and preventing ethnically-motivated fighting among tribes.
21.2.4.Establishing a culture of peace in accordance with the values and the traditional cultural heritage.
21.2.5.Providing formal and informal apologies, individually and collectively, to the victims of war.
Page 32, TITLE 2. CHAPTER 3: JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL, 27. Memorialization
27.2.The memorials for victims of the conflict in Darfur shall be designed to promote reconciliation, and to demonstrate commitment of the people of Darfur and the Government of Sudan to protecting human rights and preventing the recurrence of violence. The memorial spaces for victims of the conflict in Darfur will also be used as places to engage in civic affairs and education programs related to the conflict and its aftermath.
Page 41-42, TITLE 2. CHAPTER 5: INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL, 6. Resettlement and Repatriation Arrangements
6.1. The Parties shall introduce a comprehensive resettlement and repatriation strategy with the following objectives:
...
6.1.3.Fulfilling genuine reconciliation through promoting a culture of peace and peaceful coexistence in the resettlement areas, and at the national and regional/state levels, based on participation, mutual tolerance and respect.
Page 95, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 9. Exclusive powers of the state/regional government: the exclusive powers to be assumed by the state/regional government shall be as follows:…
9.6. The different levels of governance in the Two Areas shall have exclusive powers with regard to transitional justice, reparations, investigating crimes and violations perpetrated, reconciliation, healing the wounds of war, promoting values of peaceful coexistence, and strengthening social fabric.
Page 98, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, POWERS AND COMPETENCIES, 10. Concurrent powers and competencies: the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:…
10.8.Transitional justice and reconciliation shall have joint mechanisms derived from the norms, cultures, and heritage of the peoples of Sudan and the Two Areas.
10.9.Create mechanisms that help to end impunity for perpetrators and bring justice for victims to establish a process of national reconciliation and healing. This shall be founded on upholding the rule of law and the international conventions of human rights and the international humanitarian law.
Page 111, TITLE 3. CHAPTER 3: POLITICAL ISSUES AGREEMENT REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS, GENERAL PROVISIONS, 111. The Parties agree to form a joint high committee to work in coordination with the national peace commission, provided that this committee be concerned with monitoring the implementation of all provisions included in this agreement and working alongside relevant state institutions in accordance with the implementation charts (matrix) included in this agreement.
Page 120-121, TITLE 3, CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, DISARMAMENT, DEMOBILIZATION AND REINTEGRATION (DDR)
61. The DDR process shall be built on the Parties recognition of the following:
61.3.The DDR program shall be implemented within a comprehensive nationwide process of reconciliation and healing, as part of the peacebuilding and confidence-building measures.
Page 127, Title 3, CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT REFORM, DEVELOPMENT AND MODERNIZATION OF THE MILITARY AND SECURITY ESTABLISHMENT
Resolved to employ the peace agreement to undertake national reconciliation and recovery and to mobilize the Sudanese people to support and assist in the implementation of reform, development, and modernization of the military institutions and security bodies. This process shall take place in a conducive environment recognizing the importance of this sector in defending the overarching interests of the state, maintaining its rights, and protecting its citizens and soil as its most sacred duty.
Page 168, TITLE 9, 1. National Issues Implementation matrix
Activity: Establish the Peace Commission
Timing: After Signing the Final Agreement
Implementing Party: Transitional Government of Sudan
Source of Funding: Transitional Government of Sudan
Composition:
Procedures: Engage the Parties in drafting the law and structure of the Commission
Reference article: 20.1
Page 169, TITLE 9, 1. National Issues Implementation matrix
Activity: Hold conferences for reconciliation and social healing
Timing: After signing the Final Agreement
Implementing Party: The Parties
Source of Funding:
Composition:
Procedures: Take the necessary measures
Reference article: 1.23
Page 200, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Establish the commission for transitional justice and reconciliation in the state / region
Timing: after establishing the national commission
Implementing Party: The state / regional government
Source of Funding: government of Sudan and donors
Composition: the state / regional government
Location: state / region
Procedures, Method & Criteria: In accordance with the provisions of the Peace Agreement
Reference article: Article 85
Page 203, TITLE 9, 10. Two Areas Track: Political Issues Implementation matrix
Activity: Hold reconciliation conferences
Timing: Within the first year of signing the Peace Agreement
Implementing Party: state / regional government
Source of Funding: state / regional government
Composition:
Location:
Procedures, Method & Criteria:
Reference article: Article 110
Page 218, TITLE 9, 15. Eastern Track Implementation matrix
Activity: Establish the foundations of civil peace
Timing: After final signing of the Agreement
Implementing Party: Government of Sudan
Funding: Government of Sudan
Composition: The High Committee for Implementing the Agreement
Procedures: Review laws and means of implementation thereof, make decisions, hold the necessary workshops and conferences for that purpose and activate the role of media
Reference / article: 11
Implementation
- UN signatoryThe United Nations
- Other international signatoryThe Arab Republic of Egypt
The State of Qatar
The African Union
The European Union
Representative of the Arab League
Ambassador Khalid Abdulrahim Abdalghafar - Referendum for agreement
No specific mention.
- International mission/force/similarPage 54, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 17. Permissible Acts
17.1.1.Demining and elimination of military threats must be undertaken in cooperation with, and agreement between, the Parties based on agreed timetables and mechanisms and with the participation of a third party, the Mediation, the United Nations, and guarantors of this agreement;
Page 60, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 25. Command and Control Mechanisms
25.6.The Permanent Ceasefire Committee:
25.6.1.Immediately upon signing the agreement, the Parties shall establish a Ceasefire Committee that serves as the main mechanism for the efforts of monitoring, verification, and implementation on the ground;
25.6.2.The Ceasefire Committee shall be accountable to the Joint High Military Committee for Security Arrangements which supervises the activities of the Ceasefire Committee;
25.6.3.The Ceasefire Committee shall be headquartered in al-Fashir with sectors formed in all Darfur states/region.
25.6.4.Functions of the Permanent Ceasefire Committee:
25.6.4.1.Plan, coordinate, manage, oversee, verify, monitor, and supervise the permanent ceasefire and implementation of decisions.
25.6.4.2.Institute a communications system and procedures for effective and trustworthy communication with the Parties and other actors and stakeholders (leaders of civil administrations, civil society, IDPs, and refugees);
25.6.4.3.Designate Assembly areas for the forces of the armed struggle movements / Darfur Track, in accordance with the timetable;
25.6.4.4.Coordinate and monitor permissible military movements, and plan of movement on the agreed upon roads;
25.6.4.5.Receive and examine violations and complaints that have not been settled and reach decisions thereon;
25.6.4.6.Monitor demining activities and deactivation of unexploded ordnances and any other military threats;
25.6.4.7.Disseminate information about this agreement and promote it;
25.6.4.8.Supervise sectoral committees;
25.6.4.9.Submit reports to the Joint High Military Committee for Security Arrangements on the findings of its work;
25.6.4.10.Have bylaws that regulate its work;
25.6.4.11.Facilitate the flow of humanitarian assistance;
25.6.4.12.The Ceasefire Committee shall work with the Parties and the Joint Humanitarian Committee to define specific methods, as necessary, to provide humanitarian assistance to specific areas in coordination with the Humanitarian Assistance Commission. Chairman of the committee shall make any final decisions on the means of the delivery of humanitarian aid in consultation with the Parties.
25.6.4.13.The Ceasefire Committee shall reach decisions by consensus of the Parties. It shall produce its own bylaws and shall be headquartered in al-Fashir.
25.6.4.14.Assist containment and classification committees and technical integration committees.
25.6.5.The Permanent Ceasefire Committee shall be composed as follows:
25.6.5.1.Third-party UN representative as chairman;
25.6.5.2.Five officers from each party;
25.6.5.3.The Republic of South Sudan and Chad shall have one representative each.
25.7.Sectoral Committee.
25.7.1.Functions of the Sectoral Committee:
25.7.1.1.Monitor and examine claims of violations and resolve disputes.
25.7.1.2.Submit periodic reports and refer unresolved complaints to the Ceasefire Committee;
25.7.1.3.Communicate and share information with the security committee in the states/region of Darfur;
25.7.1.4.To have bylaws to regulate its work;
25.7.1.5.Assist containment and classification committees and technical reintegration committees.
25.7.2.The Sectoral Committee shall be composed of the following: 2
5.7.2.1.Third-party UN representative as chairman.
25.7.2.2.Five officers from the Parties.
25.7.2.3.A representative for each of the Republic of South Sudan and Chad.
25.8.Field Teams
25.8.1.Field teams shall be established in areas of Darfur states/region.
25.8.2.Functions and duties of field teams:
25.8.2.1.Conduct regular patrols and visits to all areas concerned with monitoring the permanent ceasefire;
25.8.2.2.Undertake oversight and inspection functions and report violations to the Sectoral Committee;
25.8.2.3.Submit periodic reports to the field committee (for the area);
25.8.2.4.Facilitate the work of the Humanitarian Affairs Committee;
25.8.2.5.To have bylaws to regulate its work;
25.8.2.6.Assist containment and classification committees and technical reintegration committees;
25.8.3.Field teams shall be composed of the following:
25.8.3.1.A third party UN representative (chairperson);
25.8.3.2. (5) Officers from each party with the rank of major or captain.
Page 72, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 30. Disarmament, Demobilization and Reintegration (DDR)
30.9.Disarmament and Demobilization Requirements and Processes
30.9.4.The Government of Sudan shall commit to providing the necessary non-military logistical support and assistance therefor. The Ceasefire Committee and a UN third party shall undertake the logistics for the disarmament and demobilization processes, including the establishment of Assembly areas - Enforcement mechanismPage 75, TITLE 2. CHAPTER 8: PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL, 35. The Mediator, Guarantors, and the UN Peace Mission:
35.1.The Parties agree on the necessity of guarantors and witnesses from among the international community and the United Nations to ensure the implementation of this agreement.
35.2.The mediator and guarantors shall undertake the following:
35.2.1.Observe, document, and consistently monitor the implementation of this Agreement;
35.2.2.Maintain close contact with the Parties to promote the full compliance with the all provisions of this Agreement and facilitate their efforts to achieve this end;
35.2.3.Undertake plans to provide technical assistance and support for the post-conflict activities and to oversee them, as well as to establish and operate mechanisms provided for in this agreement, including but not limited to, the provision of capacity building and training, and the provision of resources, experts and consultants;
35.2.4.Evaluate the progress of the implementation process, notify the Parties of any development that may cause delay thereto, and propose appropriate related measures;
35.2.5.Assist in mobilizing the political and material support necessary for the complete implementation of this Agreement.
35.2.6.Any other additional functions as appropriate within the letter and spirit of this Agreement.
Page 128-29, TITLE 3, CHAPTER 4: AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT, 98. The Mediator, Guarantors and the UN Mission for Peace
98.1.The roles undertaken by the mediator, guarantors, and the United Nations for the implementation of this agreement shall be determined without prejudice to the national sovereignty and territorial integrity of Sudan in accordance with the final political agreement.
98.2.The Mediator and guarantors shall undertake the following:
98.2.1.Monitoring and following the implementation of this agreement undertaking
consistent documentation thereof.
98.2.2.Maintaining close contact with the peripheries to promote complete commitment to the provisions of this agreement; and facilitating their efforts to this end.
98.2.3.Planning for the provision of technical assistance, support, and supervision of post-conflict activities, as well as establishing and activating the bodies stipulated in this agreement, including but not limited to provision of capacity building and training in addition to provision of resources, experts, and advisors.
98.2.4.Assessing progress in implementation, informing the Parties of any developments that may result in delays, and proposing appropriate measures in this regard.
98.2.5.Assisting the mobilization of the necessary political and material support to the full implementation of this agreement.
98.2.6.Any additional tasks as appropriate in line with the letter and spirit of this agreement.
Page 137, TITLE 3. CHAPTER ONE: THE POLITICAL ISSUE, The Agreement Implementation Committee
38. A high committee for the implementation of the agreement shall be created by the undersigned
parties to this agreement, including the Federal Government, the Eastern Track and other political, civil and communal forces in Eastern Sudan. The Federal Government shall assign the committee main offices and allocate the necessary budget.
Page 153-154, TITLE 7. CHAPTER ONE: PERMANENTS CEASEFIRE, 21. Measures to be taken in the event of violating the agreement:
21.1. In the event of any breach of the provisions of this agreement, the competent committee shall define the appropriate measures, which include the following:
21.1.1. Investigation of perpetrated violations.
21.1.2. Identification of the parties involved in the violation.
21.1.3. Exposing or disclosing the perpetrator, or recommending harsh penalties be imposed on the perpetrator in the event that they were involved in serious violations.
21.1.4. Recommending that the individual or parties involved be referred to a civil, criminal, or military trial, as appropriate.
21.1.5. The Parties agree to follow up on recommendations for disciplinary measures, based on the proposal of the competent committee.
Page 155, TITLE 7. CHAPTER ONE: PERMANENTS CEASEFIRE, 22. The Competent Committee
22.1. The Parties agree to establish two joint committees (high and sub-committee) within (7) seven days of the date of the signing of this agreement. The committees shall oversee the implementation of the Agreement, exercise command and control, and submit their recommendations to the leadership of the Armed Forces and regular services.
22.2. Composition of the High Committee
22.2.1. Four representatives of the First Party;
22.2.2. Four representatives of the Second Party;
22.2.3. Shall be based in Khartoum;
22.2.4. Shall be presided over by a representative of the First Party
22.3. Functions of the High Committee
22.3.1. Supervise activities of the sub-committee.
22.3.2. Oversee the implementation of all required procedures in Assembly areas with the help of experts.
22.3.3. Supervise collection and storage of weapons and handing them over to the
competent authorities.
22.3.4. Coordinate with the DDR committee.
22.4. Composition of the Sub-Committee
22.4.1. Six representatives of the First Party;
22.4.2. Six representatives of the Second Party;
22.4.3. Shall be based in Babanusa.
22.5. Functions of the Sub-Committee:
22.5.1. Assume the responsibility for exercising command and control over these forces.
22.5.2. Implement all required procedures in Assembly areas with the help of experts.
22.5.3. Supervise the collection and storage of weapons and handing them over to the competent authorities.
22.5.4. Coordinate with the DDR committee. - Related cases
No specific mention.
- SourceInternational IDEA, http://constitutionnet.org/vl/item/sudan-peace-agreement (Accessed on 10 November 2020).
International IDEA, https://constitutionnet.org/sites/default/files/2019-08/Sudan%20Constitutional%20Declaration%20%28English%29.pdf
Official translation on file with PA-X PI.
JUBA AGREEMENT FOR PEACE IN SUDAN –OFFICAL ENGLISH VERSION
JUBA AGREEMENT FOR PEACE IN SUDAN BETWEEN
THE TRANSITIONAL GOVERNMENT OF SUDAN AND
THE PARTIES TO PEACE PROCESS
3 OCTOBER 2020
JUBA AGREEMENT FOR PEACE IN SUDAN –OFFICAL ENGLISH VERSION
JUBA AGREEMENT FOR PEACE IN SUDAN BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND THE PARTIES TO PEACE PROCESS1
TABLE OF CONTENTS
PREAMBLE .................................................................................................................................................................1
TITLE 1.
AGREEMENT ON NATIONAL ISSUES BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SIGNATORY PARTIES TO THIS AGREEMENT.................................................................3
TITLE 2.
DARFUR AGREEMENT BETWEEN THE TRANSITINOAL GOVERNMENT OF SUDAN AND DARFUR PARTIES TO PEACE.............................................................................................................................12 CHAPTER 1:
POWER SHARING PROTOCOL................................................................................................................12 CHAPTER 2:
WEALTH SHARING PROTOCOL .............................................................................................................20 CHAPTER 3:
JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL...........................................................27 CHAPTER 4:
COMPENSATION AND REPARATIONS PROTOCOL ..................................................................................33 CHAPTER 5:
INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL ...........................................................36 CHAPTER 6:
DEVELOPMENT OF THE NOMADS AND HERDEERS SECTOR IN THE DARFUR REGION PROTOCOL ..........41 CHAPTER 7:
LAND AND HAWAKEER PROTOCOL ......................................................................................................43 CHAPTER 8:
PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL ............................................46
TITLE 3.
TWO AREAS TRACK AGREEMENT BETWEEN THE TRANSITINOAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE REVOLUTIONARY FRONT .......................................................................................................................................................................74
CHAPTER 1:
AGREEMENT ON THE PROVISION OF HUMANITARIAN ASSISTANCE AND CESSATION OF HOSTILITIES FOR THE TWO AREAS......................................................................................................................................................74 CHAPTER 2:
FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND THE SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / SUDAN REVOLUTIONARY FRONT (SRF) .............................................................................78 CHAPTER 3:
POLITICAL ISSUES AGREEMENT ...........................................................................................................91 CHAPTER 4:
AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT .....109
TITLE 4.
EASTERN SUDAN TRACK AGREEMENT BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND THE SUDAN REVOLUTIONARY FRONT ...........................................130
TITLE 5.
AGREEMENT BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND THE SUDAN REVOLUTIONARY FRONT— NORTHERN TRACK ......................................................................139
TITLE 6.
AGREEMENT OF THE CENTRAL TRACK BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND THE SUDAN REVOLUTIONARY FRONT ...........................................146
TITLE 7.
SECURITY ARRANGEMENTS AGREEMENT BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND THE THIRD FRONT - TAMAZUJ..........................................................148
TITLE 8.
FINAL PROVISIONS...........................................................................................................................156 TITLE 9.
IMPLEMENTATION MATRICES.....................................................................................................158 TITLE10.
ANNEXES............................................................................................................................................222 SIGNATORIES .......................................................................................................................................................239 WITNESSES ............................................................................................................................................................241
1 The text herein represents the Official English Version of the Juba Agreement for Peace in Sudan and shall be used as such in accordance with Title 8, Article 14 of this Agreement.
This text has been verified for accuracy by the Public International Law & Policy Group (PILPG).
Bracketed language appearing herein does not appear in the Original Arabic text, but is included in this Official English Version to enhance the clarity of certain provisions when read in English.
GUARANTORS.......................................................................................................................................................242
PREAMBLE
INSPIRED by the struggles of the Sudanese Peoples through periods of history against totalitarian and dictatorial regimes;
SEEKING to fulfill the longings and aspirations of our peoples to end the wars and conflicts and achieve a just, comprehensive, and sustainable peace, that establishes a state based on equal citizenship without discrimination, and brings justice to millions of Sudanese from displaced persons, refugees and the dispossessed who were forcibly displaced by the former regime, who against them committed war crimes, crimes against humanity and genocide;
MINDFUL that the first priority of this stage is to end wars, rectify injustices, and renounce hostilities to achieve sustainable peace;
CONFIRMING social, political, and economic justice in a democratic and developmental state in which the rights of all peoples are considered, and equality for women, children, the marginalized, and those with special needs is realized;
RECOGNIZING that the December 2018 Revolution is a cumulative one, sparked and carried out by all the regions and the full spectrum of the Sudanese people, that provides a historic opportunity to build a democratic, developmental state inclusive of all its citizens and a threshold to overcome the nation’s crises that have eluded a solution since independence;
AFFIRMING that the armed struggle forces remained an original and active component in the foundation, achievement, and victory of the Revolution’s forces.
IN LOYALTY and gratitude to the martyrs of the cumulative Sudanese Revolution, who have sacrificed their souls to the nation, the wounded, and the missing who paved the path to freedom, justice, peace, and development.
RESPONDING to the role uniquely played by women in leading the Revolution and their great presence in protests, processions, sit-ins, and in armed struggle areas with determination, boldness, and selflessness adding to the Sudanese women’s fight for equal rights;
RESPONSIVE to the Sudanese youth and active resistance forces across the expanse of the nation who sparked the Revolution offering martyrs and sacrificing for change and the foundations of a popular democratic movement, coupled with a Sudanese peace movement, to guarantee the sustainability of peace, development, and stability;
BELIEVING in the unity of the Sudanese soil, national sovereignty, democracy, political pluralism, and a state of institutions and the rule of law that respects diversity stands at an equal distance from all religions and cultures, and is based on citizenship without discrimination, rights and duties and elevates the values of justice, equality, and human rights.
CONTRIBUTING to reform the state’s institutions and public service, including the military institution;
enforcing the measures of transitional justice, restoration of rights, and reparations;
rebuilding trust and the peaceful management of disputes;
nationalizing the foundations of societal peace;
and deepening the values of forgiveness and reconciliation between the local societal components and all the peoples of Sudan;
RECOGNIZING the role of citizens in the traditional, agricultural, and pastoral sectors in developing the overall economy;
ACKNOWLEDGING the right of all components of the Sudanese peoples without discrimination in the enjoyment of wealth and their just participation in sharing the wealth of the nation and in administering their own affairs and public Sudanese affairs;
CONVINCED that the history of Sudan affirms that there is no military solution to conflicts in Sudan due to their political natura, and that there is no means to achieving peace in Sudan except through political means that speak to and address the root causes and consequences of war;
DETERMINED to achieve a just, comprehensive, and durable peace for Sudan that addresses that meets the aspirations of the Revolution to bring freedom, peace, and justice to all Sudanese people and genuine reform to end decades of marginalization, discrimination and developmental imbalance;
APPRECIATING the efforts of the people and government of the Republic of South Sudan and their esteemed role in mediating and facilitating the Sudanese peace discussions as well as the central role of His Excellency President Salva Kiir Mayardit and the Mediation team in achieving this Agreement;
GRATEFUL FOR the valued contributions of the regional and international community including UNAMID, the United Nations, the African Union, the Troika countries, the European Union, the League of Arab States, the Intergovernmental Authority on Development (IGAD), and neighboring countries.
TAKING NOTE of all the Security Council, African Union, and African Peace and Security Council relevant resolutions;
APPRECIATING the role of the Juba Declaration and other agreements in organizing the negotiations and the confidence-building measures between the Transitional Government of Sudan and the Parties to the Peace Process.
The Transitional Government of Sudan and the Parties to the Peace Process have concluded this Agreement.
TITLE 1.
AGREEMENT ON NATIONAL ISSUES BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SIGNATORY PARTIES TO THIS AGREEMENT
1. General Principles:
1.1. All principles provided for in the agreements concluded in the different tracks in Juba shall
constitute an integral part of the principles of the peace agreement with the signatory
parties.
1.2. All the provisions and principles provided for in this agreement shall not infringe on any
of the principles agreed upon in any of the tracks.
1.3. Sudan is an independent, sovereign, democratic, and federal state in which sovereignty is
vested in the people and exercised by the state in accordance with the provisions of the Constitutional Charter, the Peace Agreement and any subsequent constitution to be agreed upon by the Sudanese people.
1.4. The peoples of Sudan are the source of all powers and the government at all levels shall be accountable to the people.
1.5. Ending the war and achieving peace in Sudan represents a sound entry point for achieving security, stability, and democratization in the country.
1.6. Maintaining the unity of Sudan’s people and territory through transformation to a new system of just and good governance shall be a key objective for the peaceful transfer of power in Sudan.
1.7. Complete separation of religious institutions and state institutions to ensure that religion is not exploited in politics and that the state stands at equal distance from all religions and beliefs, provided that this is enshrined in the constitution and laws of the country.
1.8. There shall be a commitment to peaceful civil practice and denouncing all forms of violence in political action.
1.9. Acknowledgment of and respect for the Sudanese identity and the ethnic, religious and cultural diversity of Sudanese peoples without discrimination on any grounds shall be reflected in the governance system and policies in order to build a state based on equal citizenship for all Sudanese people.
1.10.The principle of unity shall be adopted which is based on mutual recognition and respect among the human, social, political, religious and cultural components of the Sudanese state.
1.11.The racial, ethnic, religious, linguistic, and cultural diversity of the Sudanese people is a source of richness for the Sudanese people and, therefore, shall be strengthened, developed, and managed in accordance with the standards that reflect national unity.
1.12.Just power sharing is important to the unity, security and stability of Sudan.
The peaceful transfer of power through free and fair elections, and the delegation of legislative, executive, and judicial powers to the different levels of governance are guarantees for stability and is the solid foundation for democratic governance in Sudan.
1.13.The separation of executive, legislative, and judicial powers should lead to reinforcing of Page 3 of 242
the foundations of good governance, accountability, transparency, and commitment to the
security and well-being of the people.
1.14.The bill of rights enshrined in the Constitutional Charter constitutes a social contract
among all Sudanese people.
Fundamental human rights and freedoms included in this
document shall be upheld and advanced.
1.15.All rights and freedoms provided for in international and regional human rights
agreements, covenants, and charters ratified by the Republic of Sudan shall be an integral
part of this agreement.
1.16.Legal reform, restructuring and improving the judicial and legal system, and ensuring the
independence of the judiciary and the rule of law are tasks that must be implemented.
1.17.Equal citizenship without discrimination is the basis for all civil, political, economic,
social, and cultural rights and duties.
1.18.Without prejudice to the conditions of qualification and competency and the
implementation of the peace agreements concluded with the signatory parties, all Sudanese citizens shall be fairly represented in the civil service, public committees, institutions, commissions, armed forces, and other regular forces at all levels.
1.19.The participation of all Sudanese people shall be guaranteed at all levels of governance, state institutions, and civil service.
Fair standards for power sharing shall be developed, without prejudice to the conditions of qualification and competency.
1.20.The importance of fair and effective representation of women at all levels of power and decision-making positions, at a rate of not less than 40% forty percent.
1.21.The equitable sharing of power and wealth, while observing positive discrimination for war- and conflict-affected areas and least developed areas, as well as addressing the issues of marginalization and the most afflicted and vulnerable groups, is necessary in order to build a state of durable peace, stability, and good governance.
1.22.Justice, accountability, reconciliation, and transitional justice are critical for ensuring durable peace and security in Sudan.
Justice shall be founded on upholding the rule of law, the ratified international human rights conventions, and international humanitarian law, including through mechanisms based on the customs, cultures, and heritage of the Sudanese peoples.
1.23.The Parties shall hold a conference for reconciliation and social healing, provided that the Parties agree on mechanisms and schedules therefor, with a commitment to the participation of all Sudanese people without exclusion.
1.24.Combating impunity and bringing justice for victims are necessary for building national reconciliation, healing, promoting the values of peaceful coexistence, and strengthening the social fabric.
1.25.All Sudanese languages shall be considered national languages that should be equally respected, developed, and celebrated.
1.26.Political pluralism and the formation of political parties, trade unions and other organizations are essential for good governance and political participation in Sudan.
1.27.Transparency and free access to information shall be guaranteed for all citizens on equal
footing, in accordance with the Constitution and as regulated by law.
1.28.The future “permanent” constitution of Sudan shall be the result of a constitution-making process that begins with the Constitutional Conference and is transparent, participatory,
inclusive, and covers all topics.
1.29.Regions of Sudan shall be represented in federal and legislative institutions of power in
proportion to their population size to ensure just power sharing, while observing the principle of positive discrimination for the most underdeveloped and war-affected regions, for equitable distribution of wealth.
1.30.Without prejudice to what has been agreed to in the security arrangements documents for
the tracks of Darfur and the Sudan People’s Liberation Movement – North/ The Revolutionary Front, the Parties agree to reform and develop the security and military sector at the national level.
1.31.The scope of general amnesty as stipulated in this agreement shall not apply to war crimes, crimes against humanity, genocide, sexual violence, the use of soldiers under the age of 18, and gross violations of human rights and international humanitarian law.
2. Transitional Period:
2.1. The Parties agree to a thirty-nine (39) month transitional period that enters into force upon
the date of signing the peace agreement.
3. Article (20) of the Constitutional Charter:
3.1. The Parties agree to exempt representatives of parties to the peace process signatory to
this agreement from Article 20 of the Constitutional Charter in the Sovereign Council and the Council of Ministers.
This provision shall not apply to state/region governors.
The aforementioned provision shall apply to exempt representatives, provided that they shall submit their resignation six months prior to the end of the agreed upon transitional period.
Their respective organizations may choose their successors in those positions.
4. Sovereign Council:
4.1. The Parties agree that parties of the peace process signatory to this agreement shall be
represented on the current transitional Sovereignty Council by three (3) members.
5. Council of Ministers:
5.1. The Parties agree that the peace process parties signatory to this agreement shall be
represented on the Council of Ministers by five ministries, which equals twenty five percent (25%) of the national Council of Ministers, in accordance with the procedures established in the Constitutional Charter.
6. The Transitional Legislative Council:
6.1. The Parties agree that the peace process parties signatory to this agreement shall be
represented on the Transitional Legislative Council by twenty five percent (25%), which is equal to seventy-five (75) seats out of the total number of the three hundred (300) seats.
7. The National Capital:
7.1. The national capital with its three cities shall constitute a symbol of national unity with
the rich cultural and social diversity and numerous faiths and traditions they encompass.
This requires taking into account the participation of all people of Sudan to manage this great diversity.
Therefore, an administration for the national capital shall be established, taking into consideration the fair representation of Sudanese people, provided that the agreed upon Governance Conference shall decide upon it.
7.2. The national capital is a reflection of the Sudanese nation, and as such shall reflect the national character of Sudan with its diversity and values of citizenship without discrimination.
It shall also effectively uphold the interests of all Sudanese, especially citizens who have been residing in it before it became a national capital of Sudan.
7.3. To strike a balance between Khartoum’s status as the capital and as a region/state large parts of which suffer from marginalization, the impact of war, displacement, and environmental and service defaults;
an economic, social and cultural plan must be developed to promote coexistence, solve the crises of services, infrastructure, the environment, lands, and the organic linkage between the urban and rural areas of the national capital under a development framework that can restore the productive character of the countryside, that does not turn the capital city into an incubator for displacement without resolution of the issues of the countryside, with development and ending the causes of wars and displacement.
7.4. The Parties agree on the importance of effective participation of the residents of Khartoum State in the state-level government agencies, in ministerial and other executive and legislative positions, and in commissions and high administrative positions in institutions of the state of Khartoum.
7.5. To ensure that the administration of the national capital reflects the diversity of Sudan, the Parties agree that the peace process parties shall participate in the institutions of the national capital administration after deciding on its status in the Governance Conference.
8. National Commissions, Committees, Agencies, and Institutions:
8.1. Representation in the commissions and committees provided for in the peace agreements
shall be in accordance with the provisions stipulated in the peace agreements concluded
in the different negotiation tracks.
8.2. National committees whose nature requires appointing partisan personalities, shall include
representation of the peace process parties in the same proportion as their representation at the national level, including the chairmanship of those bodies, without prejudice to what has been agreed in the different negotiation tracks.
8.3. The Parties agree that signatory parties to this agreement shall hold the positions that they have obtained under this agreement until the end of the transitional period.
They shall respectively assume responsibility for providing a replacement if a position becomes vacant, in accordance with the loss of membership conditions for the specific position.
8.4. The Parties agree that the Civil Service Reform Commission shall undertake the task of reviewing appointments in leading positions in the civil service that were made since the formation of the Transitional Government, provided that the Parties agree on how the commission should be formed.
8.5. The Parties agree on the participation of signatory parties to this agreement in the Anti- Corruption Committee and other committees to be established pursuant to the conditions thereof.
8.6. The Parties agree to establish and structure commissions relevant to the implementation of the peace agreement in partnership with signatory parties to this agreement.
9. The Constitutional Conference:
9.1. The Parties agree on holding the national constitutional conference well in advance of the
end of the transitional period, as agreed by the Parties.
The national Constitutional Conference shall address essential issues and determine how Sudan shall be governed, address the issues of nation-building, and reach a social contract to build a new system based on democracy, citizenship and social justice.
9.2. The Commission for the Constitutional Conference and Constitution Drafting shall prepare for the national Constitutional Conference with the participation of all Sudanese parties, provided that it starts its work in a participatory, transparent, and inclusive manner within no more than (6) six months from the date of signing the peace agreement.
9.3. The Parties agree that the Commission for the Constitutional Conference and Constitution Drafting shall define objective criteria against which the participants in the national constitutional conference shall be selected.
9.4. The Parties agree on the effective participation of the parties to the peace agreement in
drafting the law and establishing the Commission for the Constitutional Conference and
Constitution Drafting.
9.5. The national Constitutional Conference agenda shall include, but not be limited to, the
following topics:
9.5.1.Identity and diversity management;
9.5.2.Citizenship;
9.5.3.Relationship of religion to the state;
9.5.4.
Reform and development of the security sector;
9.5.5.Issues of governance and authority;
9.5.6.Issues of wealth, development, the environment, and the economy;
9.5.7.Foreign policy;
9.5.8.How to approve the permanent national constitution;
9.5.9.Any other issues defined by the Commission for the Constitutional Conference and
Constitution Drafting;
9.6. The Parties agree that the Government of Sudan shall commit to providing the necessary
funding for the national constitutional conference;
9.7. The Parties agree to the fair and equal representation, on the bases of gender, diversity,
geography, and age, in the national constitutional conference, and that constitutional conferences in the regions shall be held as part of the constitution-drafting process.
10. System of Governance Conference:
10.1.The Parties agree to hold a System of Governance Conference to define the powers and
vertical and horizontal relationships of the regional system of governance, without
prejudice to the obligations stipulated in the different track-specific agreements.
10.2.The Parties agree to establish a system of regional governance as set forth in the peace agreements, provided that the Transitional Government of Sudan shall take the necessary legal measures to issue an official decision to restore the system of regions in a period of no more than (60) sixty days from the date of signing the peace agreement with the
signatory parties of this agreement.
10.3.The System of Governance Conference in Sudan shall be held no more than (6) six months
after the date of signing the peace agreement.
The conference shall aim to review the borders and administrative division of the regions;
the different levels of governance;
and structures, powers and competencies of the regions in a fashion that does not contravene the peace agreements signed by the parties in Juba.
11. Reforming the Justice System:
11.1.The Parties agree on the importance of reforming the justice system so as to restore its professionality, independence, and prestige.
12. Census:
12.1.The Parties agree to conduct a national census in an effective and transparent manner before the end of the transitional period, with international support and oversight.
13. Elections:
13.1.The Parties agree to hold free and fair general elections with international monitoring at
the end of the transitional period, provided that it is preceded by the implementation of the agreed plan for the return of IDPs and refugees, as stipulated in the different track agreements, holding of the national Constitutional Conference, conducting the census, issuing the law on elections and political parties, and establishing the Elections Commission.
14. National Issues of Particularity:
The Parties agree on the importance of addressing the following national issues of particularity:
14.1.Kanabi:
Guiding principles for the package of socioeconomic remedies:
14.1.1.Stressing the importance of finding urgent and necessary solutions for the issues of permanent housing and services for the Kanabi communities;
stressing the importance of finding solutions, within the national framework, to promote rights and support the opportunities of coexistence and social integration.
14.1.2.The importance of engaging with local communities, the Kanabi community, and academic and religious institutions in solutions and mechanisms therefor.
14.1.3.Stressing the importance of finding remedies that promote the economic and productive role that these communities have always played in the private productive projects.
14.1.4.The Parties agree to create a national committee to be called the National Committee to Address the Issues of Housing and Services for the Kanabi Communities.
14.1.5.The national government shall appoint the Committee within a period of no more than (45) days of the date of signing the peace agreement.
14.1.6.The composition of the national Committee shall take into consideration the representation of relevant local communities, academic institutions and representatives of religious schools, provided that the chairperson of the committee is a person known for their independence.
14.1.7.The national government shall commit to enforcing the outcomes of the committee and shall incur the financial and legal consequences thereof.
14.1.8.The committee shall submit its recommendations to the national government within a period of no more than one year from the date of its establishment.
14.2.The Environment:
14.2.1.The Parties agree that the government shall commit to establishing the necessary
foundations, policies, laws, and implementation mechanisms for addressing and coordinating the environmental sector in order to protect the environment and preserve its overall sustainable balance;
to end environmental degradation;
to mitigate conflict over resources;
and to seek to address the socioeconomic impacts of environmental degradation, climate change, and all environmental causes of conflict as a key and necessary requirement for peacebuilding, maintaining natural resources, and achieving the sustainable development goals.
This requires establishing the principle of sustainable institutional and legal reform and professional reform.
14.3.Christians and communities of African religions and other beliefs:
14.3.1.The Parties agree on establishing a National Commission for Religious Freedoms to address the issues of religious diversity in Sudan.
14.4.Conference for the States of Khartoum and North Kordofan
14.4.1.To achieve nationwide comprehensive peace in Sudan, including in the regions/states outside of the conflict areas;
the parties agree to the following:
14.4.1.1.Without prejudice to what has been agreed to in the Tracks, the Transitional Government of Sudan shall organize two conferences to address the issues of the states of North Kordofan and Khartoum within (6) months from the date of signing this agreement.
14.4.1.2.The conferences shall address issues of development, public services, environment, and peaceful coexistence, in those two states.
14.4.1.3.The Transitional Government shall commit to enforcing the outcomes of the two conferences.
14.5.Herders, Nomads, and Farmers:
14.5.1.The Parties agree to establish a National Commission for Herders, Nomads, and Farmers within (3) three months of the date of signing the peace agreement by the signatory parties.
15. Sudan Partners Conference to Support the Transitional Period and Peace:
15.1.The Parties agree to immediately include the signatory parties to the peace agreement in the political and technical mechanism undertaking the preparation of the Sudan partners’ conference to support the transitional period and peace.
15.2.The Government of Sudan shall commit to holding a donor conference in which pledges made therein shall be allocated for supporting the implementation of the peace agreement.
16. Partners, Guarantors and Witnesses:
16.1.The Parties agree to establish a joint committee composed of the mediator and parties to
the agreement to develop a plan and conduct the necessary immediate communications with all the parties, including partners, guarantors, and witnesses of the peace agreement with the signatory parties to this agreement.
17. General Amnesty:
17.1.The Government shall commit to granting a general amnesty for passed rulings and standing warrants against political leadership and members of armed movements in relation to their membership therein, following the necessary legal review by the competent bodies immediately upon signing the peace agreement.
17.2.The Government shall commit to returning the property of organizations and individuals that has been confiscated because of the war, provided that ownership of the property is proven by any acceptable means.
18. Combating Racism
18.1.The Parties agree to issue strict legislation criminalizing all kinds of racism and to adopt
clear state policies to combat different forms of racial attitudes, discrimination, and manifestations of ethnic and religious supremacy through education curricula, media, and building an integrated societal culture that respects human dignity and upholds the values of equality between human being without discrimination.
19. Transitional Justice
19.1.Without prejudice to what has been agreed in negotiation tracks, the Parties agree to
accord the issue of transitional justice the utmost priority and to form a Transitional Justice Commission within thirty (30) days of the date of signing the peace agreement with the signatory parties to this agreement, provided that transitional justice mechanisms encompass all of Sudan, particularly the conflict areas.
20. Peace Commission
20.1.The Parties agree to form a Peace Commission tasked with implementing the comprehensive peace agreement with the participation of signatory parties in preparing the commission law and structure.
21. Mechanism for Monitoring and Evaluating the Peace Agreement:
21.1.The Parties agree to establish a mechanism to monitor and evaluate the final peace
agreement.
The mechanism shall be composed of representatives of the signatory parties, the mediator, the guarantors and any other components agreed to by the Parties.
The mechanism shall be established upon signing of the peace agreement.
21.2.The Parties agree to include the signed peace agreements in the Constitutional Charter.
In the event of conflict, the conflict shall be eliminated by amending the Constitutional Charter.
22. The National Revenue Fund
22.1.A National Revenue Fund in which all revenues and financial returns are deposited shall be established.
It shall be regulated by law and be the sole institution for depositing revenues.
23. The National Commission of Resources and Financial Revenue Sharing and Allocation 23.1.By virtue of a law, a commission for the division, allocation, and monitoring of financial revenues shall be established in accordance with the standards to be agreed upon.
The commission shall be chaired by an independent person appointed by the Prime Minister.
The law shall ensure fair representation of the regions/states therein.
23.2.A law activating the commission shall be issued within no more than ninety (90) days of signing the peace agreement.
23.3.The Commission shall commit to ensuring transparency, remedying the imbalances in the allocation of national revenues, and distributing those revenues on a horizontal and vertical basis fairly among Sudan’s various regions, particularly regions affected by the war and cumulative historical grievances.
The commission shall further ensure that neither the federal government nor any other party shall be deprived from receipt of their financial entitlements and shall ensure timely disbursement as agreed.
24. Sudanese Diaspora:
24.1.The Parties agree that the Transitional Government of Sudan shall endeavor to create the
appropriate conditions to connect Sudanese diaspora abroad with their homeland through addressing, among other things, the issue of education for the children of Sudanese diaspora in Sudanese institutions, ensuring rewarding conditions for their remittances and creating incentives to improve their opportunities for investment and settlement in Sudan.
25. Sudanese National Business Sector
25.1.The Parties agree that the Transitional Government of Sudan shall, within the framework
of its economic and developmental program, commit to economic legislation and policies conducive to promoting the role of the private sector in development and to developing and establishing a productive partnership between the government and civil society based on solid foundations.
26. Education
26.1.
As a comprehensive development renaissance in the country requires modern education,
the Parties agree that the Government of Sudan shall commit to mandatory and free public education, introducing policies, holding education conferences, providing the necessary resources to assure quality education for all and to eliminating gaps and regional, gender, and social imbalances in education particularly in the war-affected and least developed areas.
27. Pension-dependent and Dismissed Personnel:
27.1.The Parties agree that the Transitional Government of Sudan shall endeavor to redress pension-dependent and dismissed personnel, improve their living conditions and making use of their experience in setting policies for the implementation of transitional-period tasks.
28. Northern Sudan and Central Sudan Tracks
28.1.The Parties agree to 10% representation of the parties to the peace agreement by in governance of the Northern State, Nile River State, Sennar State, El Gezira State, and White Nile State.
29. State of North and West Kordofan
29.1.The Parties agree to 10% representation of the parties to the peace agreement and any other parties determined by the Parties in governance in North Kordofan State and West Kordofan State.
TITLE 2.
DARFUR AGREEMENT
BETWEEN
THE TRANSITINOAL GOVERNMENT OF SUDAN AND
DARFUR PARTIES TO PEACE
CHAPTER 1:
POWER SHARING PROTOCOL
1. General Principles
2. Sudan is a federal, independent, and sovereign state in which sovereignty is vested in the people and is exercised by the state in accordance with the provisions of the Constitutional Charter.
3. Ending the war and achieving peace in Sudan represents the proper path for the realization of security, stability, and the country’s transition to democratization.
4. Complete separation of religious institutions from state institutions to ensure that religion is not exploited in politics.
5. The Parties agree to abide by a peaceful civil approach and denounce all forms of violence in political practice.
6. For the purpose of being registered as political parties, the Parties agree to exempt armed political movements from the provisions of the Political Parties Law of 2007 provided that those movements are signatory to the Peace Agreement that includes security arrangements.
7. Addressing the issue of identity is critical due to its close connection to the historical roots of the crisis in Sudan.
8. The ethnic, religious, linguistic, and cultural diversity of the Sudanese people is the basis of national cohesion and will therefore be promoted, developed and managed in accordance with the standards that reflect national unity.
9. The Sudanese people have their diversity and common aspirations, and we must work to achieve this jointly.
10. Power-sharing is significantly important to the unity, security and stability of the country and represents the peaceful transfer of power through free and fair elections, and the transfer of legislative and executive powers as a guarantee of stability and the foundation of democratic governance in Sudan.
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11. The separation of executive, legislative, and judicial powers should unite the foundations of good governance, accountability, transparency and commitment to the security and well-being of the people.
12. The Charter of Rights contained in the Constitutional Charter shall be a covenant between all the people of Sudan and between them and their governments at all levels, and there is an obligation on their part to respect and promote the human rights and fundamental freedoms contained in the Charter, which shall be considered the cornerstone of social justice, equality, and democracy in Sudan.
13. All rights and freedoms enshrined in international and regional human rights treaties and conventions ratified by the Republic of Sudan are an integral part of this Agreement.
14. Emphasizing legal reform and review and development of the rights and justice system and ensuring the independence of the judiciary and the rule of law.
15. Citizenship shall be the basis of rights and duties with no discrimination on the basis of race, tribe, religion, gender, sex or origin.
This does not prevent the existence of laws, programs or activities aimed at improving the conditions of those individuals or groups who have been deprived of their rights based on race, color, religion, or regional or national origin.
16. The displacement of citizens inside or outside Sudan does not prevent the full exercise of their civil rights.
17. Establishing a system of governance in which the authorities are effectively empowered and responsibilities are fairly distributed, ensuring general and equal participation of all citizens in Sudan.
18. All Sudanese citizens shall be justly and fairly represented in the civil service, public bodies, institutions, commissions, armed forces and other regular forces at all upper and middle levels.
19. Darfur citizens shall be guaranteed participation at all levels of government, state institutions, and civil service through equitable power-sharing standards.
20. Peace programs shall be given sufficient periods of time to ensure the effective implementation of this Agreement.
21. Equitable power-sharing is vital for Sudan’s unity, security and stability.
22. Stressing the importance of the representation of women at all levels of power and decision- making positions.
23. Stressing the importance of definitively addressing the imbalance in the distribution of power and wealth in Sudan.
24. The Supremacy of this agreement over the Constitutional Charter
24.1.The Parties agree on including the signed peace agreements in the Constitutional Charter
and in the event of a conflict, the Constitutional Charter shall be amended to remedy such conflict.
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25. Power and Levels of Governance
25.1.The Parties agree to restore the regional-federal system of governance based on the
principle of establishing a genuine federal system of governance that meets the aspirations
of citizens and engages them in governance.
25.2.The Parties agree on establishing a regional-federal system of governance in Sudan
including in the Darfur Region provided that the Transitional Government of Sudan takes the necessary legal measures to issue an official decision to restore the system of regions within no more than 60 (sixty days) from the date of signing the Peace Agreement.
25.3.A conference on the system of governance in Sudan shall be held within no more than 6 (six months) after the signing of the comprehensive Peace Agreement provided that it aims at reviewing the administrative division of the various regions and levels of governance as well as the structures, powers, and jurisdictions thereof.
The Parties shall further agree on participants of the conference.
25.4.If the conference is not held in the specified time, then the government of the Region of Darfur shall be activated in all its powers and competencies in no more than 7 (seven months) from the date of signing this agreement.
25.5.The Parties agree on defining the legislative and executive competencies, authorities, and powers in Darfur Region under the Peace Agreement provided that the conference on the system of governance makes no amendment to those competencies, authorities, and powers except by adding to them.
These powers and authorities shall be activated within no more than 30 (thirty days) after holding the conference on the system of governance.
25.6.The Parties agree to the representation of parties to the Darfur Track agreement in power as follows:
25.6.1.40% of power in Darfur to the components of the Darfur Track;
25.6.2.30% of power in Darfur to the components of Sudan’s Transitional Government;
25.6.3.10% of power in Darfur to other movements signatory to this agreement;
25.6.4.20% of power in Darfur to stakeholders, as defined in the stakeholders’ document
and through a mechanism to supervise their selection to be agreed on by the Parties.
25.6.5.The Parties shall take into account all components of Darfur when selecting
representatives in the aforementioned percentages, so as to reflect the geographic,
social, and civil diversity in Darfur to ensure social coexistence and a durable peace.
25.7.The Parties agree that components of the Darfur Track shall participate in the regional government after it is established and that this government’s leadership shall be nominated
by the components to the Darfur Track.
25.8.The Parties agree to form a joint high committee that shall work with the Peace
Commission, provided that this committee oversees and monitors the implementation of this Agreement and works side by side with the concerned state institutions according to the schedules of the implementation matrix.
26. National Civil Service
26.1.The Parties agree to address the imbalance in the national civil service in favor of citizens
of Darfur at all levels of employment according to population ratio and positive discrimination standards, provided that appointments are made in accordance with eligibility and competence criteria.
26.2.The Parties agree to accommodate the men and women of Darfur in upper and mid-level positions (undersecretaries, ambassadors, members of diplomatic missions, general managers, various administrations and departments in national ministries and commissions, the judiciary, public prosecution, national and semi-national institutions,
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banks, and the boards of public and semi-public companies) by 20% provided that appointment is made by political decree within 45 (forty-five days) of the date of signing the Peace Agreement.
26.3.The Parties agree to form a joint committee to select persons to be accommodated by the foregoing article.
26.4.The Parties agree to form a committee to identify the imbalance in civil service.
The committee shall comprise specialists agreed upon by the Parties under the supervision of the Civil Service Reform Commission to identify the imbalance in the representation of the men and women of Darfur in the national civil service at all employment levels and in all state institutions within a period not exceeding 6 (six months) from the date it commences operations.
The committee shall submit its report to the Civil Service [Reform] Commission and the Parties to this Agreement.
The Prime Minister shall take all necessary corrective measures within no more than 45 (forty-five days) from the date of the submission of the report, provided that the committee commences undertaking its mandates within 60 (sixty days) from the date of signing of the Peace Agreement.
26.5.The Parties agree to address the imbalance in the representation of the men and women of Darfur in the national civil service as defined by the committee referred to in the aforementioned paragraph by applying the standards of population proportionality and positive discrimination, while taking stock of the advantages and disadvantages of previous experiences and taking standards of qualification and competence into consideration.
26.6.Persons arbitrarily dismissed from civil service for reasons related to the conflict in Darfur shall have their situation remedied through the National Committee for the Reinstitution of Arbitrarily Dismissed Persons.
27. Judiciary
27.1.The Parties agree to undertake institutional reforms in the judiciary to
appoint/accommodate men and women from Darfur at a rate of 20% within no more than 6 (six months) of the date of signing the Peace Agreement while taking into consideration standards of competence, qualification, and positive discrimination for the men and women of Darfur.
27.2.The Parties agree that the Supreme Judicial Council shall form an independent expert committee concerned with accommodating men and women from Darfur in the judiciary in accordance with agreed upon percentages while taking into consideration standards of competence, qualification, and positive discrimination for the men and women of Darfur.
28. The Public Prosecution Office
28.1.The Parties agree to undertake institutional reforms in the Public Prosecution Office to
appoint/accommodate men and women from Darfur by a percentage of 20% within no more than 6 (six months) from the date of signing the Peace Agreement while taking into consideration standards of competence, qualification, and positive discrimination for the men and women of Darfur.
28.2.The Parties agree that the High Council of the Public Prosecution shall form an independent expert committee concerned with accommodating men and women from Darfur in the Public Prosecution Office in accordance with agreed upon percentages while taking into consideration standards of competence, qualification, and positive discrimination for the men and women of Darfur.
29. Educational Institutions
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29.1.The Parties agree that war and neglect in Darfur had a direct impact on the deterioration of the quality of education and the low level of educational attainment.
Hence, such imbalance calls for correction based on the principle of positive discrimination, according to the following policies:
29.1.1.Reconsider admission eligibility criteria for universities and public high institutes, and introduce positive discrimination to admission policies while allocating 15% in the following specializations:
medicine, veterinary, animal production, medical laboratories, public health, radiology, pharmacology, engineering and all scientific disciplines among those admitted to public universities and higher institutes in Sudan and no less than 50% with regards to public universities and high institutes in Darfur to the students of Darfur for a minimum of ten years.
29.1.2.The Parties agree to the exemption of tuition fees for all men and women of Darfur studying in public universities in Darfur for a period of ten years as of the date of signing the comprehensive Peace Agreement.
29.1.3.In furtherance of positive discrimination policies, the Parties agree to the exemption of tuition fees for all men and women of Darfur studying in public universities outside the Darfur Region in the disciplines of medicine, veterinary, animal production, medical laboratories, public health, radiology, pharmacology, engineering and all scientific disciplines for a period of ten years as of the date of signing the comprehensive Peace Agreement provided that students admitted by the end of the said period shall be exempted from tuition fees until the end of their education.
29.1.4.The Parties agree on introducing a system for fund allocation from the Government of Sudan to public universities in the Darfur Region to rehabilitate and improve the academic environment, expand admission, and nationalize some important disciplines.
29.1.5.The Parties agree to the formation of a joint committee comprising the Transitional Government of Sudan (Ministry of Higher Education, Ministry of Finance) and relevant authorities in the Darfur Region to undertake the following tasks:
29.1.5.1.Introduce specific policies aimed at uplifting higher education in the universities of Darfur including the situation in disciplines related to social and economic development.
29.1.5.2.The committee shall identify standards and criteria for the exemption of IDPs, refugees, and nomads from tuition fees when they are admitted to public universities outside Darfur Region.
29.2.The Federal Government of Sudan and the regional government shall introduce and implement development plans to improve educational institutions in Darfur, along with the provision of grants, scholarships and training, to remedy the imbalance of access to basic, secondary and university education in Darfur, with the aim to upgrade education in Darfur and enable it to take its position at national levels of admission in educational institutions and accomplishments at all levels.
29.3.20% of the grants, scholarships, qualification and training opportunities inside Sudan or abroad shall be allocated to the men and women of Darfur.
29.4.Budgets shall be allocated for establishing and supporting institutes of vocational training and technical and craft education to accommodate education gaps and dropouts.
29.5.Establish pedagogical schools and institutes while introducing the necessary plans for addressing the crisis of educational gaps due to war inside and outside the Region.
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29.6.Eliminate all obstacles to extracting university diplomas for students who completed studying in universities and higher institutes by virtue of previous peace agreements.
30. Powers of the Regional Government of Darfur
30.1.The Parties agree that Darfur Region shall have exclusive executive and legislative
powers to enable it to implement the Peace Agreement as follows:
30.1.1.To adopt and amend the constitution of the regional government of Darfur in a
manner that does not contradict the national constitution;
30.1.2.To enact legislation related to the structures of the Darfur government to provide
services at all levels of the regional government of Darfur;
30.1.3.To borrow money on the credit of the government of Darfur Region within the
national macro-economic policy;
30.1.4.To plan services in Darfur Region, including health, education and welfare of
citizens;
30.1.5.To appoint employees in the government of the Darfur Region, determine their
authorities, and pay their salaries;
30.1.6.To develop financial revenues for the regional government of Darfur.
30.1.7.To collect taxes and incomes exclusive to the regional government of Darfur;
30.1.8.To draft the budget of the regional government of Darfur.
30.1.9.[To regulate] public facilities of the Region;
30.1.10.[To undertake] reconstruction and development of the Darfur Region;
30.1.11.[To provide] media, media platforms, and publications of the regional
government of Darfur;
30.1.12.To rehabilitate and support disabled veterans, orphans, and widows and provide
care for the families of war-disabled heroes.
30.1.13.[To undertake] urban and rural planning;
30.1.14.[To provide] emergency and firefighting services;
30.1.15.To reform youth institutions affiliated with the regional government of Darfur;
30.1.16.[To regulate] recreational and sports facilities of the regional government of
Darfur;
30.1.17.To define the powers and competencies of local governance according to charts
of exclusive powers defined by the Region.
30.1.18.[To regulate] cultural affairs within the Region;
30.1.19.To manage, allocate, and utilize lands of the Region;
30.1.20.[To regulate] regional businesses and enterprises;
30.1.21.To register marriage, divorce, inheritance, births, deaths, adoption and lineages;
30.1.22.To enforce laws of the Region;
30.1.23.[To establish/regulate] nurseries, primary and secondary schools, and private
education;
30.1.24.[To manage/maintain] roads and public transportation within the Region;
30.1.25.[To manage/maintain] public libraries, museums, cultural and heritage sites, and
other historical sites in the region;
30.1.26.To develop and promote local languages and cultures;
30.1.27.[To enact] laws based on norms and traditions;
and
30.1.28.[To designate] the flag and emblem of the regional government of Darfur.
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31. Concurrent Powers
31.1.The national federal government and the regional government of Darfur shall have the
following executive and legislative powers:
31.1.1.Implementation of the Peace Agreement;
31.1.2.Social and economic development in Darfur Region;
31.1.3.Police, prisons, wild life, and civil defense;
31.1.4.Health policies;
31.1.5.Urban development, planning, and housing;
31.1.6.Commerce, industry, and industrial development;
31.1.7.Public service provision;
31.1.8.Banking;
31.1.9.Insurance;
31.1.10.Manufacturing licenses;
31.1.11.Electricity generation and water and waste management;
31.1.12.Natural resources;
31.1.13.Wired and wireless communications;
31.1.14.Environmental management, protection, and preservation;
31.1.15.Relief, resettlement, rehabilitation and reconstruction;
31.1.16.Proposing and negotiating international and regional agreements on culture,
sports, trade, investments, loans, grants, and technical assistance without prejudice
to federal and regional legal systems;
31.1.17.Financial and economic policies and planning;
31.1.18.Promoting the role of women and women empowerment.
31.1.19.Gender policies;
31.1.20.Pastures, veterinary services, combating cattle and livestock diseases;
31.1.21.Consumer safety and protection;
31.1.22.Maternal and child care and protection;
31.1.23.Water resources except those belonging jointly to regions;
31.1.24.Total quality control;
31.1.25.Regulating land possession and utilization and exercising relevant rights;
31.1.26.Immigration and foreigners;
31.1.27.Cross-border trade;
31.1.28.Setting education policies and scientific research;
31.1.29.Setting general policies and standards for building localities and local
governance;
31.1.30.Charities, religious affairs and endowments;
31.1.31.Development and coordination of policies of interacting with the central
government;
31.1.32.Development of airports in the Region;
and 31.1.33.Residual powers and competencies.
32. Residual Powers and competencies
32.1.For any residual powers or competencies that arise and that are not mentioned in the
exclusive or concurrent powers herein, the federal government shall exercise the residual powers of a federal nature, whereas the regional government shall exercise powers of regional nature.
The federal and regional levels together shall exercise the residual powers and competencies of a concurrent nature.
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33. Resolving disputes related to concurrent powers
33.1.In the event of a conflict between the provisions of the law of Darfur Region, the federal
law and powers of local governance, the law that shall prevail is that which most
effectively deals with the subject matter of the law while observing the following:
33.1.1.The need to recognize the sovereignty of the Nation while accommodating the
autonomy of Darfur Region;
33.1.2.Identifying the need for national standards and norms;
33.1.3.The principle of subsidiarity;
33.1.4.The need to promote the welfare of the people and to protect human rights and
fundamental freedoms for all.
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CHAPTER 2:
WEALTH SHARING PROTOCOL
General Principles
1. The Parties recognize that sustainable peace in Sudan requires a fair allocation of resources and revenues between the Government of Sudan and the different regions of Sudan, especially the conflict-affected regions.
2. All lands and natural resources in Sudan regions/states, including Darfur, shall be resources for the good of all the people of Sudan.
3. The Parties agree to develop and improve the nomadic sector by following policies for their development, through opening tracks to solve the issues of conflict between herders and farmers, providing all services, encouraging the animal products manufacturing industry, and opening markets inside and outside Sudan.
4. The Parties emphasize the importance of mobilizing the necessary local, regional, and international support to restore what had been destroyed by the war, to rehabilitate the infrastructure, and to implement reconstruction and development programs as provided for in this Agreement.
5. The Parties agree to setting specific standards and mechanisms for wealth and revenue sharing, to be regulated in accordance with laws and regulations based on the principles of proportional and equitable distribution, transparent management, and national, regional, and local oversight of the resources.
6. The Parties understand that the sources of wealth stipulated in this Agreement do not only mean direct state revenues, but include opportunities of income generation from employment in the private and public sectors, the return of investment in different areas, the revenues of border trade returns, grants and loans, and other sources of income.
7. Disbursement of all the Zakat money collected in the regions/states inside the respective regions/states through their various disbursement channels.
8. Development of enforcement structures and institutions for land management that are legally supported by legislation enacted to promote sustainable development and address environmental degradation.
9. Environmental conservation policies shall include promoting the production and development of alternative sources of energy, developing the quality and quantity of the pastoral sector, and developing policies that ensure the optimal utilization of lands and water resources and improving research capacities in these fields.
10. Development of sound foundations for sharing wealth generated from oil, natural gas, and other natural resources in Sudan and directing them to meet the needs of development and the reconstruction of Sudan’s regions/states in general, while prioritizing the marginalized and war-affected regions/states, and paying special attention to the environment.
11. Those foundations shall include the sustainable use of non-renewable resources, such as oil, Page 20 of 242
natural gas, and other fossil fuels, in accordance with the interest of the afflicted regions/states and locals in those areas, while taking into consideration best practices for the environment, including the Guidelines for the Conservation of Bio-Diversity and the Principles of Safeguarding Cultural Heritage.
12. National Revenue
12.1.The Government of Sudan shall have the authority to generate revenue from all sources
of wealth in the country;
12.2.There should be definitive identification and clear separation between the sources of
revenue of the federal government and the sources of revenue of the regions/states to avoid disputes and ensure good production and management of resources.
13. National Revenue Fund
13.1.A national fund for revenue shall be established and regulated by a law wherein all
national financial revenue is deposited.
It shall be the only institution for depositing revenue.
14. National Commission for the Division, Allocation, and Monitoring of Financial Resources and Revenue
14.1.A commission for the division, allocation, and monitoring of financial resources and revenue shall be established by a law in accordance with the standards to be agreed upon.
The Commission shall have an independent chairperson appointed by the Prime Minister.
The law shall ensure equitable representation of the regions/states;
14.2.A law shall be enacted to activate the Commission within no more than ninety (90) days from the date of signing this Agreement;
14.3.The Commission shall be committed to ensuring transparency and to addressing shortcomings in the equitable allocation and distribution of national resources horizontally and vertically between the different regions of Sudan and monitoring thereof, especially regions affected by the war and accumulated historic grievances.
The Commission shall also ensure that neither the federal government nor any other party are deprived of the enjoyment of their financial dues and it shall ensure the flow thereof at the agreed intervals.
15. The Commission for the Division, Allocation, and Monitoring of Financial Resources and Revenue shall have the following competencies:
15.1.Monitor all national revenues deposited in the National Revenue Fund and place them
under its mandate;
15.2.Determine the dues and allocations of the federal government and the regions/states from
the national revenue to meet the needs of all levels of governance, horizontally and
vertically;
15.3.Ensure this allocation is based on fair and equitable standards and bases that are agreed
upon and subject to regular revision, in keeping with the developments at the federal and
regional/state levels;
15.4.Ensure that the transfer of funds to the states and regions occurs in a timely and unfettered
manner.
It shall also ensure the optimal use and sharing of these transfers between the
regions/states and the different levels of governance;
15.5.Ensure that resources allocated to war-affected areas are transferred in accordance with
the agreed upon standards;
15.6.Transparent implementation of the agreed upon standards, bases, and proportions to
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guarantee fairness when allocating funds to the federal government and the regions/states;
15.7.Ensure that national resources are allocated according to standards and principles that ensure equality among the Sudanese people and encourage production and effectiveness
in revenue collection and good resource management.
16. Revenue of the Darfur Region/States
16.1.The Region/states of Darfur shall have the right to generate its own revenue and receive
revenue from tax and non-tax related sources, including from the allocations of the National Commission for the Division, Allocation, and Monitoring of Financial Resources and Revenue;
the National Revenue Fund;
revenue from taxation and different fees (sales taxes, private business, in addition to their share of the value-added tax and the betterment levy, licensing fees, works fees);
and the return of their investments and border trade;
their share from the sale of extracted natural resources, aid, grants and loans, in accordance with federal policy and the provisions of this Agreement;
16.2.The government of the Darfur Region/States shall have the exclusive authority to determine how best to spend revenue generated or received;
16.3.The government of the Darfur Region/States shall have the power to spend its own revenue for effective governance and fulfillment of its obligations as stipulated in the Peace Agreement;
16.4.The government of the Darfur Region/States shall develop policies and regulations and determine how best to spend revenue based on the interest of the region/states, common good, environment protection, and the interests of local population without conflicting with national policies and the provisions of the Peace Agreement.
17. Darfur Reconstruction and Development Commission
17.1.A commission for the reconstruction and development of Darfur shall be established
within ninety (90) days of the date of signing the Peace Agreement.
The headquarters of the Commission shall be in one of the cities of the region and it shall have the right to create branches in other cities when the need arises, provided that all assets belonging to the funds established for development and reconstruction by previous peace agreements be transferred to this commission.
The Commission shall continue the projects that have been initiated thereunder in addition to new projects;
17.2.The Commission may seek the assistance of experts to revise and develop corrective measures for the work of the Fund and evaluate the implementation of previous development projects;
17.3.The Parties shall agree on the structure and mechanisms of the Commission for the Reconstruction and Development of Darfur pursuant to the principles stipulated in the Peace Agreement;
17.4.The Commission shall develop its own work regulations, rules and procedure, and decision-making processes under this agreement.
18. Functions of the Reconstruction and Development Commission
18.1.Completing ongoing projects or funding new projects;
18.2.Reconstructing schools, hospitals, health centers, water sources, and other vital
institutions that have been destroyed by the war;
18.3.Providing basic services, including the inputs of education, health, drinking water,
veterinary hospitals, and police stations in areas of voluntary return;
18.4.Providing the basic services set forth in Paragraph (18.2) in areas of resettlement for those
who inhabited the lands of others illegally;
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18.5.Building reservoirs and dams in Darfur’s main valleys to harvest water for drinking and agriculture, in addition to the provision of water and its networks for key cities in the region;
18.6.Providing the region with an electricity grid that covers urban and rural areas and that is sufficient for industrial needs;
18.7.Improving livestock to produce competitive products in domestic and international markets;
18.8.Planting wheat, fodder, and other winter products by utilizing water from the Nubian basin and introducing mixed agriculture into the north of the region to resettle herders and prevent tension that arises between them and farmers when they migrate southward, in search of water and grass;
18.9.Linking the region with a network of roads that facilitates the maintenance of security and movement of products to the markets within and outside the region.
18.10.Investing in mining to produce more materials;
18.11.Providing resources for micro-financing to increase the productivity of households in
general, and households of IDPs and refugees specifically;
18.12.Training and building the capacity of women and youth to enable them to be catalysts
of production;
18.13.Creating projects that generate job opportunities for the population of the region.
19. Development Projects
19.1.Existing development projects shall be prioritized to receive funds from the Darfur
Reconstruction and Development Fund and from international aid sources.
19.2.Revaluate, reassess, rehabilitate, and reactivate existing development projects.
20. Updating studies prepared for the reconstruction and development of Darfur
20.1.The Parties agree to update the studies that have already been prepared in accordance with the internationally required standards, to assess the development needs, priorities, and costs in Darfur Region/States, through a joint committee by the Parties, in cooperation with donors, provided that the committee submits its report before the donor conference
is held.
21. Sources of exclusive revenue for the Government of Darfur Region/States:
The Government of Darfur Region/States shall have the following exclusive sources of revenue:
21.1.Tax on the lands of the region/states;
21.2.Revenue;
21.3.Property tax;
21.4.Social services fees;
21.5.Consumer service fees;
21.6.Licensing fees;
21.7.State/regional personal income tax;
21.8.State/regional professionals’ tax;
21.9.State/regional tax on individual business profit;
21.10.Indirect taxes;
21.11.State/regional production tax;
21.12.State/regional share of taxes on border trade;
21.13.Tax on agricultural production;
21.14.Tax on animals;
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21.15.State/regional seal duties;
21.16.State/regional tourism tax;
21.17.State/regional tax on recreational places;
21.18.Revenue of national parks in the states/region;
21.19.Revenue of state/regional projects and investments;
21.20.Share of the region/states from oil revenue and revenue of other resources;
21.21.Central support, grants, and foreign aid through the national government;
21.22.Domestic and foreign loans and borrowing in accordance with the credit rating and in
line with the national economic policy;
21.23.Any other taxes and sources of revenue that do not contravene with the taxing power of
the national government.
22. Natural Resources
22.1.The Sudanese people shall own the natural resources found on and under its soil.
The
people of the regions/states in which such resources are found or extracted shall have special rights that must be met according to specific agreements and percentages thereon.
23. Management of Natural Resources
23.1.The regions/states shall be a genuine partner with the federal government in managing
natural resources extracted from their lands throughout all the phases of allotment, awarding, contracting, production, and marketing.
The regions/states shall hold primary responsibility for the preservation of their environment and shall be entitled to impose conditions to ensure its environmental integrity and that extraction processes do not encroach on the health of citizens.
23.2.The federal government and governments of the regions/states shall pay heed to the rights of future generations in the arrangements for and allocation of natural resource extraction by investing a specific percentage of the revenue of extracted resources for the good of those generations.
23.3.The federal government and governments of the regions/states shall be responsible for utilizing natural resources therein and managing them transparently, justly, and fairly.
23.4.The federal government and governments of the regions/states shall identify natural resources, the manner and timing of their utilization, issuance of excavation and extraction licenses, negotiation of sales contracts and revenue-sharing with the investing firms, withdrawal of licenses and revocation of contracts, planning of the overall resource development, ensuring workers’ health and safety, and environment protection.
24. Status of Current and Future Contracts and Agreements for the Extraction of Natural Resources
24.1.The Region of Darfur and other regions/states, in cooperation with the federal government, shall be entitled to review all existing natural resource extraction contracts within their respective territories.
Upon review, they shall be entitled to make adjustments to these contracts to ensure the fair and equitable allocation of revenue, as well as sufficient environmental protections.
24.2.Regions/states whose natural resources will be extracted shall participate in the negotiation of and approve any new contracts or agreements in relation to the exploration, extraction, and production of natural resources within the borders of their respective regions/states.
Any such contracts shall be governed by regulations adopted by the regions/states, in addition to the applicable regulations adopted by the federal government.
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24.3.When allotting public lands in Darfur or granting utilization concessions for the extraction of natural resources, the inhabitants of the land shall be consulted before land utilization and they shall be adequately compensated.
25. Allocation of Revenue Generated from Natural Resources
25.1.The Parties agree to allocate 40% of the nation’s net revenue from mineral and petroleum
resources located in Darfur to the region for a period of ten years.
25.2.The Darfur Region shall allocate 3% of the revenue from natural resources for local
population in areas from which these resources are extracted.
26. Grants and Loans
26.1.The Darfur Region shall be entitled to receive assistance in the form of grants or loans
from states and international and regional organizations via the federal government while providing sovereign guarantees.
27. Establishing Darfur Development Bank
27.1.A development bank shall be established in the Darfur Region in accordance with the
Central Bank policies.
28. Positive Discrimination
28.1.The principle of positive discrimination shall apply to the Darfur Region/States and other
historically marginalized and war-affected regions/states in Sudan when allocating resources to enable them to keep up with other regions/states which are ahead in terms of development and service delivery for citizens.
29. The Darfur Peace Support and Sustainable Development Fund
29.1.The parties agree to establish a peace support fund called the Darfur Peace Support and
Sustainable Development Fund, within 60 (sixty days) of the date of signing the Peace Agreement, provided that it fulfils its duties in a period of 10 (ten years) as of the date of its establishment.
29.2.The Parties shall agree on the organizational and functional structure of the Darfur Peace Support and Sustainable Development Fund in accordance with the parameters provided for in the Agreement.
29.3.The Fund shall develop its own regulations, rules of procedures, and decision-making methods under this Agreement.
29.4.The successive governments of Sudan shall commit to seek, along with the international and regional communities, to provide the necessary support for development and reconstruction projects in Darfur.
29.5.The Fund shall have the following functions:
29.5.1.Soliciting domestic and foreign support for funding peace-related projects in
Darfur.
29.5.2.Funding commissions and mechanisms established by virtue of the Darfur Peace
Agreement as well as any other needs related thereto.
29.6.In addition to Darfur’s share from the funds transferred by the National Commission for
the Division, Allocation and Monitoring of Financial Resources and Revenue, the Government of Sudan shall commit to pay 750,000,000 (seven hundred fifty million US Dollars) annually for a period of ten years to the Darfur Peace Support and Sustainable Development Fund to fund the implementation of the Peace Agreement in Darfur.
29.7.The Government of Sudan commits to filling the necessary financial gap for the Page 25 of 242
implementation of the Peace Agreement in Darfur.
29.8.The Government of Sudan commits to providing 100,000,000 (one hundred million US
Dollars) within one month of the date of signing this Agreement.
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CHAPTER 3:
JUSTICE, ACCOUNTABILITY, AND RECONCILIATION PROTOCOL
General Principles
1. Respect for international human rights law and international humanitarian law.
2. Adopting transitional justice mechanisms to provide remedies for victims and legal accountability for perpetrators of acts of violence related to the conflicts in Darfur.
3. The pursuit of national, regional, and international justice for genocide, crimes against humanity, and war crimes.
4. Recognition that the pursuit of justice, accountability, and reconciliation precludes the possibility of any amnesty or immunity for perpetrators of genocide, crimes against humanity, or war crimes.
5. The right of victims to have unhindered access to effective justice and redress mechanisms, in particular the right to an adequate, effective, and prompt remedy or reparations for violations of international human rights law and international humanitarian law.
6. The right of victims to have access to education about their rights as victims of domestic violations, human rights violations, and other violations of international humanitarian law.
7. The importance of independent and impartial justice, accountability, and reconciliation, mechanisms, including transitional justice mechanisms, that are consistent with international norms and standards.
8. The unconditional condemnation of atrocities, abuses, and violations of human rights and international humanitarian law committed during the conflicts, and the importance to take all necessary steps to prevent the repetition of such violations.
9. Ensuring that all perpetrators of violations of human rights and international humanitarian law are held accountable pursuant to the jurisdiction of domestic courts, the International Criminal Court, or the Special Court for war crimes in Darfur.
10. Recognition of the special status of women, children, and youth and their issues, as well as the important role of women and youth in the prevention and resolution of conflicts, in transitional justice processes and in peace-building, and the imperative of their equal participation, and full engagement in all efforts for the maintenance of international peace and security, including justice and reconciliation.
11. Children implicated in the conflict, who may have been involved in the commission of crimes under international law, if any, shall be considered victims and treated in accordance with the Convention on the Rights of the Child, Protocol II to the Geneva Convention, the African Charter on Rights and Welfare of the Child, the Beijing Rules, and relevant international juvenile justice and standards of fair trial.
In conjunction with UNICEF and other relevant international organizations, the Parties shall work to rehabilitate and reintegrate child soldiers into society.
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12. Recognition of the importance of local and indigenous methods of truth-telling, justice, reconciliation, and healing in complementing formal processes of justice and reconciliation, and the inclusion of these mechanisms in the justice process following the settlement of the conflicts.
13. The importance of continuing to undertake legal and institutional reforms to strengthen the rule of law, and to establish relevant mechanisms thereto in accordance with the international standards.
14. Following the example of other African and international experiences and best practices regarding the principles of accountability, reconciliation, truth and justice, and historical memorialization in response to what occurred in Darfur.
15. The review of public services to identify and remove individuals who perpetrated abuses and violations of human rights and international humanitarian law to curb impunity, build confidence, and strengthen the rule of law in Darfur.
16. Provision of security and full protection to all citizens.
17. Recognition of wrong doings, accountability, justice, forgiveness, and commitment of non- repetition.
18. Promoting open dialogue as an appropriate means to achieve lasting reconciliation in Darfur.
19. Reforming Sudan’s justice sector to ensure an independent and impartial judiciary that reflects and reinforces diversity at the federal, regional, state, and local levels without distinction.
20. The National Judiciary
20.1.Except for crimes that amount to violations of international criminal law and the crimes
prescribed within the jurisdiction of the International Criminal Court, the Special Court for Darfur, and the issues reserved for the Truth and Reconciliation Committees, Sudanese courts shall exercise their authority and jurisdiction as prescribed by law.
20.2.The domestic courts within the national judicial system of Sudan shall refer all cases outside of their jurisdiction to other competent justice mechanisms, namely:
The Special Court for Darfur, traditional justice mechanisms, and the Truth and Reconciliation Committee.
21. Truth and Reconciliation
21.1.The Parties agree that promoting reconciliation among the peoples of Darfur represents
one of the overarching objectives of this Agreement and that is to be achieved by addressing the root causes of the conflicts, promoting measures to alleviate these causes, and supporting mechanisms and processes that will facilitate forgiveness and the reestablishment of social harmony.
The Parties further recognize that the marginalization of the people of Darfur is one of the key root causes of conflict that this Agreement seeks to address.
21.2.The Parties agree that there should be a comprehensive truth and reconciliation process aimed at, among other things:
21.2.1.Ensuring the provision of appropriate conditions for social and peaceful reconciliation among components of the society.
21.2.2.Rebuilding and strengthening relationships between the components of society as Page 28 of 242
well as promoting coexistence, cooperation, and social solidarity in Darfur.
21.2.3.Eradicating tribal and regional polarization and preventing ethnically-motivated
fighting among tribes.
21.2.4.Establishing a culture of peace in accordance with the values and the traditional
cultural heritage.
21.2.5.Providing formal and informal apologies, individually and collectively, to the
victims of war.
22. The Truth and Reconciliation Committee (TRC)
22.1.The Parties agree to establish a Truth and Reconciliation Committee within 60 (sixty
days) of the date of signing this Agreement, which shall:
22.1.1.Identify and assess the root causes of conflicts in Darfur.
22.1.2.Investigate violations, crimes, and human rights abuses including violations of
economic, social, environmental, and cultural rights committed since June 1989.
22.1.3.Address issues of impunity and build confidence and a culture of peace and
reconciliation.
22.1.4.Undertake a comprehensive analysis to determine the causes, nature, and extent of
the conflicts, including the extent of international humanitarian law and human
rights law violations and the motives of the perpetrators.
22.1.5.Determine whether such violations were the result of deliberate planning by the
state or state actors, political organizations, the armed struggle movements, or other
groups or individuals.
22.1.6.Perform any other tasks or activities related to truth and reconciliation.
22.2.The Parties agree that the TRC shall commence operations within 60 (sixty days) from the date of its establishment, and shall continue its operations for a period no less than 10 (ten years) from the date of its first day of operation, unless it completes its duties fully.
22.3.The Truth and Reconciliation Committee shall have headquarters in the capitals of the states of Darfur and Khartoum, and an office in every community affected by the conflicts, as needed.
22.4.The TRC shall be composed of the following:
22.4.1.The TRC shall be composed of 11 members;
22.4.2.Each Party shall select 5 members, in addition to one person agreed upon by the
Parties to act as chairperson of the committee;
22.4.3.Each Party shall select at least one woman on the committee;
22.4.4.Individuals appointed to the TRC shall be persons of high moral and professional
integrity, and regarded as impartial by the Darfur population;
22.4.5.The TRC members shall be independent and have extensive experience in human
rights, and/or transitional justice and/or truth and reconciliation committees.
22.5.In addition to any further competencies determined by the Parties, the TRC shall have the
following competencies:
22.5.1.Provide an opportunity for the victims and perpetrators of human rights violations
as well as other people to share their experiences, establish a common understanding of the past, facilitate genuine healing within communities, promote reconciliation, and prevent future atrocities;
22.5.2.Receive statements and testimonies from victims, witnesses, local communities, interest groups, persons directly or indirectly involved in events, or any other group or individual;
22.5.3.Undertake investigations and research, including the powers to call persons to
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speak before the TRC, to collect relevant evidence, to conduct the necessary interviews, and undertake any other measures or inquiries it deems useful to perform its mandate;
22.5.4.Hold hearings;
22.5.5.Engage in activities it views as appropriate to advance community reconciliation;
22.5.6.Store collected evidence in an agreed-upon location provided with the necessary
safety measures to protect victims and witnesses;
22.5.7.Accurate and comprehensive record and documentation of all crimes and forms of
violations, as well as effective systems for managing documentation to facilitate the
recovery of information;
22.5.8.In the interest of preventing further psychological or emotional harm to victims,
and to encourage witnesses to give their testimonies, the TRC will ensure that victims and witnesses receive support from a professional team of psychologists.
Special procedures shall be introduced to protect child witnesses and victims;
22.5.9.The TRC shall not have the authority to grant amnesty of any kind, unless approved by victims and in a fashion that facilitates its work, promotes community reconciliations and heals the wounds caused by the conflict in Darfur;
22.5.10.The Parties shall determine the full scope of the investigative semi-judicial powers of TRC;
and
22.5.11.The TRC shall recommend measures towards strengthening and solidifying a comprehensive and lasting peace in Darfur and shall submit its findings and recommendations periodically to the government of Darfur region/states.
The TRC shall submit its reports with recommendations to take legal, political, or administrative measures based on the findings of its investigations.
The report shall remove all confidential personally-identifiable information, and shall be made public on a large-scale.
22.6.The Parties shall request the assistance of the international community in providing the necessary financial and technical support for the work of the TRC.
The Government of Sudan shall ensure that the TRC receives adequate funds, appropriate facilities and appropriately qualified national and international staff to assist it in carrying out its functions.
The funding necessary for the initiation of TRC shall be provided.
22.7.The Parties shall ensure the prevention of interference in the work of the TRC, intimidation or influence of its members and staff, and the infringement of its affiliates, property, assets, and facilities, and permit them to function independently.
The TRC shall adopt its internal bylaws, which shall be simple, publicly accessible, and informed by best practices gathered through collaboration with international organizations and experts in international law.
The TRC shall cooperate and coordinate with other mechanisms identified by this Agreement.
23. Traditional Justice Mechanisms
23.1.Traditional justice mechanisms in Darfur shall be empowered to penalize individuals who
committed offenses related to the conflict or to the perpetuation of intra-tribal and inter- tribal conflicts.
The jurisdiction of traditional justice mechanisms shall include all offenses related to the conflicts that fall outside the jurisdiction of the ICC, the Special Court for Darfur Crimes, the national judiciary of Sudan, and the Truth and Reconciliation Committee.
23.2.Traditional justice mechanisms will establish diverse and appropriate penalties that reflect the gravity of the offenses and promote reconciliation, restitution, and compensation for the victims without prejudice to the jurisdiction of the Compensation and Reparations
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Fund.
23.3.The accused will have the right to plea bargain in exchange for the possibility of a reduced
sentence from a traditional justice mechanism.
Such a plea bargain may include public
written or oral apologies.
23.4.In the interest of witness protection, severe penalties shall be imposed upon those who
threaten or commit violence against any witnesses in traditional proceedings.
23.5.Unpaid community service shall be promoted as a favored penalty, particularly for those
who make public apologies.
23.6.A committee shall be established to observe and monitor the fulfilment of unpaid
community service obligations.
23.7.Traditional justice mechanisms shall refer all cases outside of their jurisdiction to other
competent justice mechanisms, including the Special Court for Darfur Crimes, the national
judiciary of Sudan, and the Truth and Reconciliation Committee.
23.8.Traditional justice mechanisms shall exercise traditional competencies and shall employ
both customary substantive laws and customary procedural rules.
23.9.Respecting the due process rights of the accused and providing timely justice to victims
shall be a constant consideration at all stages of proceedings within the traditional justice
mechanisms.
23.10.The accused has the right to seek a lawyer.
23.11.Free legal aid shall be provided to the victims and to the defendant for an effective
defense in all cases brought before traditional justice mechanisms.
23.12.Local and regional leaders and tribal elders shall oversee the functions of traditional justice mechanisms.
Judges and members of justice mechanisms shall be persons of high
integrity.
23.13.The Parties shall consult local and regional leaders and civil administrations on how to
bestow an official character to traditional justice mechanisms in the national justice system.
24. The International Criminal Court
24.1.The Parties acknowledge their preparedness for full and unlimited cooperation with the
ICC concerning persons for whom arrest warrants have been issued.
This includes, among other things, facilitating the appearance of those wanted before the ICC and committing to Security Council Resolution 1593 of 2005, which referred the Darfur situation to the ICC.
24.2.The Parties shall provide ICC prosecutors and investigators with easy access to victims, witnesses, and investigation sites, and shall allow ICC personnel to freely travel throughout Sudan’s roads, waterways, and airspace at all times.
24.3.The Parties shall not interfere with the investigations and trials conducted by the ICC and shall ensure the protection and safety of all prosecutors, victims, and witnesses.
24.4.The Parties pledge that all persons subject to ICC warrants, standing trial at the ICC, or convicted by the ICC shall be immediately removed from any elected or appointed government positions and shall be unable to hold any such positions until their removal from ICC warrants, the dismissal or dropping of charges against them, or their being found not-guilty by the ICC.
25. Special Court for Darfur Crimes
25.1.The Parties agree to establish a special tribunal for crimes that took place in Darfur within
90 (ninety days) of the signing of this Agreement.
The work of the tribunal shall continue Page 31 of 242
for 10 (ten years) from the date of its establishment, unless it has completed its work before
this specified period.
25.2.The Court shall be composed of Sudanese judges recognized for their competence and
integrity and appointed by the head of the judiciary.
25.3.An independent prosecutor for the Special Court for Darfur Crimes shall be appointed by
the Attorney General upon the approval of the Parties to the Agreement.
25.4.The Special Court for Darfur Crimes shall have the jurisdiction to prosecute genocide, crimes against humanity, war crimes and gross violations of international human rights
and humanitarian law since 2002.
25.5.The Special Court shall define its headquarters and it may establish courts in any of the
areas of Darfur.
25.6.A team of experts and specialists from the African Union shall monitor the court’s
procedures to ensure proceedings are conducted in accordance with the rules of justice
and fairness set forth in international law.
25.7.The Special Court for Darfur Crimes shall apply Sudanese criminal law and international
criminal law in relation to war crimes, crimes against humanity, and genocide.
25.8.The Government of Sudan commits to ensuring access to witnesses, victims, and perpetrators to the Special Court, including those outside Darfur, in coordination with the
competent authorities in relevant fields.
26. Amnesty and Immunity
26.1.The Government shall commit to the issuance of general amnesty for sentences and
warrants issued against political leaders and members of the armed movements due to their membership therein, after the competent bodies undertake the necessary legal review immediately upon signing the Peace Agreement.
26.2.The Government shall commit to return property belonging to the organizations and individuals which have been confiscated because of the war, provided that ownership is proven by any means of proof.
27. Memorialization
27.1.The Parties agree to establish memorials honoring the victims of the conflicts in Darfur.
The memorialization will help provide closure for those who experienced the conflict, and education and awareness-raising for those who did not.
Memorialization for victims of the conflict in Darfur may take many forms, including but not limited to annual public ceremonies, museums, documentation centers, or monuments.
27.2.The memorials for victims of the conflict in Darfur shall be designed to promote reconciliation, and to demonstrate commitment of the people of Darfur and the Government of Sudan to protecting human rights and preventing the recurrence of violence.
The memorial spaces for victims of the conflict in Darfur will also be used as places to engage in civic affairs and education programs related to the conflict and its aftermath.
27.3.The Parties agree to engage in popular consultations and dialogue with all levels of society to identify collective goals for the memorialization project.
Consultations may take many forms including meetings, feasibility studies, and needs assessments.
Consultations shall focus particularly on the view of individuals most affected by the conflict.
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CHAPTER 4:
COMPENSATION AND REPARATIONS PROTOCOL
General Principles
1. Victims of the conflict in Darfur shall have the right to have unimpeded access to effective justice and redress mechanisms, including the right to an adequate, effective, and prompt remedy or reparation for damages arising from the conflict in Darfur and for violations of international human rights law and international humanitarian law.
2. Victims of the conflict in Darfur shall have the right to reparations in the form of compensation, restitution, rehabilitation, and/or satisfaction, and commemoration.
3. All individuals and communities in Darfur who suffered direct or indirect damage as a result of the conflict in Darfur or other grave human rights violations during the conflict in Darfur shall have a right to reparations.
4. Victims of the conflict in Darfur shall have guaranteed access to the necessary knowledge and information related to their rights as victims of violations of human rights, international humanitarian law, and other relevant international laws, including their right to reparations.
5. Reparations awarded to victims of the conflict in Darfur shall be designed to acknowledge their suffering, repair their losses, and restore the dignity, security, and stability of victims and their communities.
6. The Parties shall act in accordance with international obligations and practices regarding property rights, compensation, and reparations, including all such obligations towards IDPs and refugees.
7. Without prejudice to the principle of positive discrimination as set forth in the Peace Agreement, distribution of humanitarian aid, the restitution of resources and property, and the award of compensation and reparations in accordance with this Agreement, shall take place without discrimination on the basis of gender, language, tribe, ethnicity, religion, party affiliation, geographic location, status as a displaced or formerly displaced person/refugee, or any other basis.
8. The resolutions and instruments of the commissions and implementation mechanisms created through the Peace Agreement shall be deemed legitimate documents recognized by the official state departments.
9. Neither the award nor the initiation of proceedings for compensation or restitution shall limit or prejudice other means of restitution for property or other damages.
10. ForpurposesofthePeaceAgreement,theterm“victimsoftheconflictinDarfur”shallmean:
10.1.Individuals and groups affected by the conflict in Darfur, including male and female survivors of rape, victims of physical, mental, and psychological injuries or those who lost
their property or whose basic rights were violated.
10.2.Parentless children.
10.3.Unaccompanied children.
10.4.Separated children.
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10.5.Immediate family or dependents of persons who suffered harm as defined in Paragraph (10.1).
10.6.Non-combatants who suffered harm while intervening to assist persons in distress or to prevent victimization.
11. Rights Related to Compensation, Restitution and Reparations
11.1.All victims of the conflict in Darfur shall have an equal right to seek compensation for
the losses and damages suffered by them or their families as a result of the Darfur conflict
or of other arbitrary or illegal actions that occurred during the conflict in Darfur.
11.2.Reparations shall include, but not be limited to, the right to seek compensation for lost property, lost livelihood, death in the family, personal injury, and other trauma or
damages, whether psychological or physical, resulting from the conflict in Darfur.
11.3.Individuals shall have the right to seek restoration of property or compensation for their
lost or seized property resulting from the conflict in Darfur.
11.4.Communities have a collective right to pursue property restitution or compensation for
claims regarding communal property, villages, farms and Hawakeer [traditional land].
11.5.Individual and community property restitution or compensation claims shall not be
mutually exclusive.
11.6.Individuals and communities have the right to restitution of lands lost resulting from the
conflict in Darfur.
11.7.Individuals and communities have the right to pursue compensation for environmental
damages, land degradation, or the damage of property resulting from the conflict, including environmental damages or deterioration resulting from displacement and neglect.
11.8.All persons affected by the conflict in Darfur have the right to have restored to them any housing, land, and/or property of which they were arbitrarily or unlawfully deprived, or to be compensated adequately for the loss of their housing, land, and/or property, in accordance with international principles, the Peace Agreement provisions and traditional norms.
Accordingly:
11.8.1.Assets and property confiscated and looted from individuals, institutions and communities in Darfur shall be returned or restituted to their rightful owners, and in cases where the return of such property is impossible, a just compensation shall be provided.
11.8.2.Displaced persons and refugees who were displaced because of the conflict in Darfur shall enjoy this right whether they choose to return to their places of origin or not.
11.9.No individual or group may be stripped of the traditional and historic right in land ownership or access to water, unless consulted or provided with fair compensation.
12. Compensation and Reparations Fund
12.1.The Parties agree to establish the Compensation and Reparations Fund in Darfur within
90 (ninety days) of the date of signing this Agreement to receive and address compensation
and reparation decisions issued by relevant bodies.
12.2.The Parties shall agree on the organizational and functional structure of the
Compensations and Reparations Fund in accordance with the parameters set forth in the
Agreement.
12.3.The Fund shall make its own regulations, rules, procedures, and decision-making
methods.
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12.4.Women shall comprise at least 40 percent of the functional structure of the Fund.
12.5.The Compensation and Reparations Fund in Darfur shall have the competency to implement resolutions on the dues and compensation issued by relevant parties to the
benefit of beneficiaries.
12.6.The Fund’s procedures shall be simple, accessible, transparent, enforceable, free of
charge, and takes into consideration age, gender and persons with disability.
12.7.The Fund’s procedures shall be made publicly available within one year of the signing of
the Peace Agreement.
12.8.All forms of documents issued by competent bodies shall be admissible before the
Compensations and Reparations Fund, after examining and verifying their authenticity,
including but not limited to:
12.8.1.Documents;
12.8.2.Testimony by traditional and local leaders;
12.8.3.Testimony by other witnesses to prove entitlement to compensation;
and 12.8.4.Any other evidentiary documents recognized by the relevant commissions and
mechanisms.
12.9.Resolutions to award compensation and reparations issued by the relevant mechanisms to
the Compensations and Reparations Fund shall include:
12.9.1.Monetary compensation;
12.9.2.Medical and psychological rehabilitation;
12.9.3.Legal assistance and social services;
12.9.4.Creating public spaces, memorials, museums and other places of memorialization
and commemoration;
and
12.9.5.Any other traditional forms of compensation.
12.10.The Fund shall have a public record.
12.11.[The Fund shall] develop a table for awarding the timely compensation payments on the
basis of financial principles that require awarding financial compensation proportionate to the damage and loss suffered by the victim.
Women, men, children and persons with special needs shall be treated equally when implementing the payments.
12.12.The Fund’s staff shall have relevant experience in the fields in which the Fund operates, including human rights and financial and legal issues.
12.13.The Darfur Peace Support and Sustainable Development Fund shall fund activities of the Compensations and Reparations Fund in Darfur for a period of 10 (ten years).
12.14.The Fund may receive assistance from national, regional and international organizations and NGOs in its field of work.
12.15.The Fund shall cooperate and coordinate with other commissions established pursuant to this Agreement, especially the Commission for the Return of IDPs and Refugees, the Development and Reconstruction Commission, the Lands and Hawakeer Commission, the Truth and Reconciliation Committee, the Darfur Special Court for War Crimes, and the mechanisms of traditional justice.
12.16.Regular revision shall be undertaken to ensure the optimal use and distribution of funds allocated to compensate victims, in accordance with the financial procedures applicable in such cases, including the principles of equality of gender and age.
12.17.All necessary measures to maintain the independence and integrity of the Compensation and Reparations Fund shall be taken.
12.18.The Parties agree to establish a fund to care for the affairs of martyrs and the wounded in Darfur within ninety (90) days of the date of signing this Agreement, provided that the federal government contributes to its financing and seeks to solicit money from inside and
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outside Sudan.
CHAPTER 5:
INTERNALLY DISPLACED PERSONS AND REFUGEES PROTOCOL
1. Definitions:
Unless the context suggests otherwise, the following words and terms shall have the definitions provided herein:
1.1. Internally displaced persons (IDPs): shall mean all persons who have been forced or
compelled to flee their homes or places of habitual residence as a result of the conflicts in
Darfur, and who have not crossed an internationally recognized State border;
1.2. Refugees:
shall mean persons or groups of persons who have been forced or compelled to flee or to leave their homes or places of habitual residence as a result of the conflicts in
Darfur and who have crossed an internationally recognized State border;
1.3. Displaced persons:
shall mean all internally displaced Sudanese men and women who
are living outside of IDP camps because of the war;
1.4. Residents on lands of others:
people illegally living on others’ lands after the outbreak
of war in Darfur in 2002.
2. General Principles
2.1. The Parties shall be bound to all international agreements and treaties related to displaced
persons and refugees ratified by the Government of Sudan;
2.2. The human rights of displaced persons shall be fully respected and guaranteed under
international and national laws, whether during the voluntary return, resettlement, or
thereafter;
2.3. The Parties shall pay special attention to protecting internally displaced and refugee
women, children, and all other vulnerable groups from all forms of harassment,
exploitation, and sexual- or gender-based violence;
2.4. IDPs and refugees shall enjoy the rights to voluntary return, citizenship, identity,
participation, ownership, and housing, as set forth in this Agreement;
2.5. IDPs and refugees shall enjoy the same human rights and fundamental freedoms of any citizen in Sudan, including the right to move freely and reside anywhere on Sudanese
territory;
2.6. Aid for conflicts-affected persons shall be distributed without discrimination based on
gender, language, race, ethnicity, religion, party affiliation, geographic location, color, or
any other discriminatory grounds.
2.7. The Parties shall adhere to the following principles and rights of return:
2.7.1.All IDPs and refugees shall have the right to make an informed decision for the voluntary return to their place of origin, homes, or to places or areas of their habitual residence;
they shall also have the right to resettle to other places of their choosing, in accordance with the terms of the Agreement, especially those related to the necessary conditions of return;
2.7.2.The Government of Sudan shall commit to accepting the return of refugees who have left Sudanese territory, including those who have been accorded temporary protection by third countries;
2.7.3.The Parties shall adhere to the principle of non-refoulement, and IDPs and refugees shall thus not be subject to forced return or resettlement in any place where their
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life, safety, liberty, and/or health would be at risk;
2.7.4.The Parties and the international community shall endeavor to ensure the right of
safe return for IDPs and refugees and to be free from violence, harassment,
intimidation, coercion, confiscation of property, or forced resettlement;
2.7.5.The Parties agree that nomadic routes shall be open and secure, in particular during
the return of IDPs and refugees to their homes of origin.
The Parties shall review the
changes of such routes and find alternatives if necessary;
2.7.6.Rights and privileges of IDPs and refugees to citizenship and participation shall not
be affected due to their status as IDPs or refugees, and their rights and privileges
shall be fully restored and guaranteed in Sudan;
2.7.7.It shall be prohibited to discriminate against IDPs and refugees or prevent them
from participating in government or electing officials.
IDPs and refugees shall enjoy the right to participate fully and equally in public affairs at all levels and have equal access to public services;
2.7.8.The Government of Sudan shall provide IDPs and refugees with all documents necessary for the exercise of their legal rights, including passports, birth certificates, and title deeds;
2.7.9.The Parties are committed to achieving the successful return of all IDPs and refugees under peaceful and secure conditions;
2.7.10.“IDPs and refugees,” as defined by this Agreement shall be the only persons eligible to receive aid, support, and other benefits of the voluntary return and resettlement programs under this Agreement.
3. Property, Housing, and Compensation Rights
3.1. All IDPs and refugees shall enjoy the right to voluntary return to their homes, lands, and
property, provided that they be fairly compensated for their losses of homes, lands, or
property;
3.2. IDPs and refugees shall enjoy all rights to property, ownership of housing, the freedom of
movement and residence, and compensation and reparations, as stipulated in this
Agreement;
3.3. If the return of IDPs, refugees, and displaced persons to their homes or lands, or the
restoration of their property is impossible, they shall have the right to receive fair compensation for their loss and the psychological damages resulting from forced displacement.
The compensation shall be paid by the Compensations and Reparations Fund in accordance with international principles and the right of voluntary return for all IDPs and refugees.
4. Suitable Conditions for Return
4.1. With the assistance of the concerned international and domestic institutions, the Parties
agree to create the political, economic, social, and security conditions conducive to the voluntary return and acceptable reintegration of IDPs and refugees, without giving preference to any particular group.
These conditions shall include, but not be limited to:
4.1.1.Security and safety of IDPs and refugees and being free from the risk of harassment, intimidation, persecution or discrimination, both during and after voluntary return, local integration, or resettlement;
4.1.2.The right to free movement and choice of residence;
4.1.3.Demining of areas of return and access routes to markets, schools, health services,
sanitation, and any other place;
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4.1.4.Restituting property lost due the war to IDPs and refugees, in accordance with the agreed provisions;
4.1.5.Constructing adequate shelters in the return villages and areas of voluntary return, as well as the necessary health and education infrastructure;
4.1.6.Rehabilitating damaged property, public facilities, farms, pastures, and agrarian lands, etc;
4.1.7.Evacuating illegal occupants of others’ homes, lands, and property in areas of return;
4.1.8.Guaranteed subsistence for all returnees, especially food, potable water, and health supplies;
4.1.9.Providing IDPs and refugees with accurate information on existing conditions inside areas to which they would return to ensure that they can make informed voluntary decisions about return;
4.1.10.The Parties shall work with the international community to provide all possible assistance to IDPs, refugees and war-affected persons to enable the returning families and individuals to reestablish their lives and livelihoods in local communities.
This assistance shall include, but not be limited to, short-term repatriation funding, ensuring the continuity of humanitarian aid throughout the return and resettlement period, rebuilding damaged or destroyed infrastructure, building new roads and infrastructure in rural areas, rehabilitating local agrarian lands, and providing education and job training programs;
4.1.11.The Parties shall refrain from attacking, intimidating, or harassing IDPs, refugees or returnees in any way at all times.
The human rights of IDPs, refugees and returnees shall be fully respected, with special considerations, protections, and processes for vulnerable groups such as women, children, the elderly, and persons with disabilities;
4.1.12.The Government of Sudan and international partners shall ensure the reconstruction and restoration of permanent housing and other property of IDPs and refugees planning to return or be resettled.
5. Humanitarian Aid
5.1. IDPs and refugees shall receive urgent humanitarian assistance, including access to basic
amenities such as food, potable water, medical care, adequate sanitation, shelter, education, right to work, and protection during the time of their displacement and upon their return;
5.2. Certain IDPs and refugees, such as children, expectant mothers, mothers with young children, female heads of household, persons with disabilities, and elderly persons, shall be entitled to protection and assistance required by their condition and to treatment which pays heed to their special needs;
5.3. In areas under their respective control, the Parties shall establish administrative bodies to monitor and facilitate delivery of humanitarian assistance to IDPs.
These administrative bodies shall work with the UNAMID/ a third party, relevant international and domestic agencies, the Ceasefire Committee and the Joint Humanitarian Committee to ensure the security of beneficiaries and humanitarian workers, staff and their equipment, tools, and machines, as well as the safety of commodities, services, and humanitarian agencies’ project areas.
6. Resettlement and Repatriation Arrangements
6.1. The Parties shall introduce a comprehensive resettlement and repatriation strategy with
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the following objectives:
6.1.1.Ensuring that IDPs and refugees fully enjoy all the same rights and fundamental
freedoms established for all citizens;
6.1.2.Reintegrating IDPs and refugees and creating the conditions that will allow them to
participate fully in the economic, social, political, and cultural development of the
country;
6.1.3.Fulfilling genuine reconciliation through promoting a culture of peace and peaceful
coexistence in the resettlement areas, and at the national and regional/state levels, based on participation, mutual tolerance and respect.
7. International Support
7.1. The Parties shall request the international community to provide financial, technical, and
material support and resources to ensure that the voluntary return and resettlement processes takes place fully, efficiently, and with respect to the dignity and safety of returnees;
7.2. The Parties shall commit to granting national and international aid organizations full land, air, and sea access to all territories and IDPs to implement the voluntary return and resettlement programs, within the framework of ratified international agreements, and in accordance with national laws;
7.3. The Parties shall refrain from levying taxes on workers, goods, or services provided by foreign governments or domestic or international aid organizations, within the framework of national laws and regulations and international agreements;
7.4. The Parties shall commit to protecting the safety and security of all foreign government staffs and employees, as well as national and international aid workers and equipment thereof.
8. Internally Displaced Persons and Refugees Commission
8.1. The Parties agree to establish an IDP and Refugees Commission (IDPRC) within 60 (sixty
days) of the date of signing this agreement to oversee, administer, and facilitate the voluntary return and resettlement, with the assistance of the international community, UNHCR and other relevant UN agencies and international organizations;
8.2. Procedures of the IDPRC shall be made available to the public within 6 (six months) of the date of signing the Peace Agreement, and it shall remain so for 10 (ten years);
8.3. The Parties shall agree on the organizational and functional structure of the IDPRC in accordance with the parameters provided for in this agreement;
8.4. The IDPRC shall develop its own regulations, rules of procedures and decision-making methods;
8.5. Without prejudice to the right to appeal, decisions of IDPRC in Darfur shall be binding.
8.6. The IDPRC shall exercise the following competencies and functions:
8.6.1.The IDPRC shall have the competence to deal with Sudanese IDPs and refugees displaced due to the conflicts in Darfur as they are defined in this Agreement.
8.6.2.The IDPRC, in coordination and cooperation with relevant national institutions and international organizations, shall introduce, implement, monitor, oversee, and evaluate strategies, plans and programs to ensure the sustainable voluntary return of displaced persons and refugees;
8.6.3.The IDPRC in Darfur shall establish local committees for claims that shall be comprised of local, traditional, and community leaders, including representatives of IDPs, refugees, and women.
The local committees shall investigate compensation-
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related claims and other means of reparations, and submit their reports to the IDPRC
in Darfur;
8.6.4.The IDPRC shall establish a fair valuation mechanism for the purpose of receiving
claims from victims to receive compensation and other means of reparations for
harm resulting from the conflict in Darfur.
8.6.5.Collect data concerning the numbers of IDPs and refugees willing to return, areas of
origin, distance from the border, availability of housing, economic and social infrastructure in the areas of return and resettlement, and projected needs for rehabilitation/reconstruction to ascertain the most effective means for the return of displaced persons;
8.6.6.Institute a public awareness campaign among IDPs and refugees to help them understand their rights, settlement options, and prevailing conditions in their original home areas, which will help them make an informed decision on whether to return;
8.6.7.Create and monitor entry points, and transit and reception centers.
8.6.8.Design mechanisms to monitor human rights conditions in areas of return.
8.6.9.Implement programs to address the special needs of vulnerable groups, especially
unsupported, separated, and unaccompanied children among the uprooted
populations of IDPs and refugees;
8.6.10.Implement programs to reconstruct and repair homes destroyed, damaged in
coordination with the relevant commission;
8.6.11.Implement programs to rebuild public utilities and other infrastructure necessary
for the durable rehabilitation of local communities, in coordination with relevant
commissions;
8.6.12.Facilitate the reunion of unaccompanied and separated minors with their parents
and families;
8.6.13.Work with local authorities and traditional community leaders to establish proof of
identity when necessary;
8.6.14.Refer returnees with property restitution claims to the relevant commissions;
8.6.15.Conduct regular surveys and evaluations of the situation of IDPs and refugees;
8.6.16.Work with UNAMID/ a third party, UN agencies, relevant national and
international agencies, and other international and national aid organizations to ensure proper protection and dignified treatment of IDPs and refugees during the process of return and reintegration or resettlement;
8.6.17.The IDPRC may submit recommendations to relevant parties to provide urgent assistance to victims and those in need among IDPs and refugees, provided that such assistance does not adversely impact their rights to due compensations from IDPRC.
9. Objectives of Resettlement Arrangements
9.1. In all of its activities and functions, the IDPRC shall pursue a strategy for the return and
reintegration of IDPs and refugees and verify that:
9.1.1.The needs of residents, IDPs and refugees are taken into account to prevent abuses
and resentment;
9.1.2.Participation of IDPs and refugees in management of the voluntary return and
reintegration processes;
and
9.1.3.Schedule the voluntary return, reintegration, and resettlement processes according
to specific timetables, to build a durable and eco-friendly peace.
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CHAPTER 6:
DEVELOPMENT OF THE NOMADS AND HERDEERS SECTOR IN THE DARFUR REGION PROTOCOL
General Principles
1. Endeavoring to realize a just and comprehensive peace to end the war and address the Sudanese issue and its impact, taking into consideration provisional preferential measures for war- affected and least developed areas as well as most afflicted groups including nomads and shepherds.
2. Safeguarding the rights of nomads, herders, and farmers to use the land and determine routes to prevent tribal friction, achieve stability, preserve agricultural soil and preserving the sustainability and development of natural rangelands.
3. Introducing alternative policies, legislation, institutions, and mechanisms which meet the needs of herders and nomads in the exercise of their right to use land and natural resources.
4. Recognizing the role of community-based management as a long-standing management legacy that played a significant role in the maintenance of civil peace, local dispute resolution, environment conservation, and addressing issues of relations between land owners and beneficiaries thereof.
5. The activity of nomads and herders extends beyond the administrative borders of localities and regions/states, as well as neighboring countries, and as such requires coordination with them and the enactment of flexible laws, legislation, protocols, and administrative systems to accommodate this type of activity.
6. Facilitating and simplifying identification documents for nomads and herders.
7. The Commission for the Development of the Nomads and Herders Sector
7.1. The Parties agreed to establish a commission for the development of the nomads and herders sector in Darfur region/states within 60 (sixty days) of the date of signing this Agreement to develop and improve the nomad and herders sector, work with local authorities and civil administrations to organize the movement of nomads, open routes
and regulate relations between farmers and herders.
7.2. The procedures of the Commission for the Development of the Nomads and Herders
Sector in Darfur shall be available for the public within 6 (six months) of the date of
signing this Agreement.
7.3. The Parties shall agree on the organizational and functional structure of the Commission
for the Development of the Nomads and Herders Sector in Darfur in accordance with the
parameters provided for in the Agreement.
7.4. The Commission shall develop its regulations, rules of procedures, and decision-making
methods.
7.5. The Commission shall be mandated to develop a strategy for the development and
improvement of the nomads and herders sector in Darfur Region/States.
7.6. The Commission may seek the assistance of experts to review, introduce corrective
measures, and evaluate projects.
7.7. The Commission shall endeavor to coordinate with other relevant commissions and
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institutions.
7.8. The assets of all existing commissions and mechanisms in the Darfur Region/States
specialized in the nomads and herders sector shall be transferred to the Commission for the Development of the Nomads and Herders Sector in Darfur in accordance with the applicable administrative and legal procedures.
8. The Commission shall develop strategies to address the following issues:
8.1. Organization of nomad movement and opening routes to achieve complementarity between agricultural and pastoral activities and organize the relation between farmers and
herders in coordination with local authorities and community-based administration.
8.2. Development of livestock by applying technical packages, importing animal breeds to improve species, and adopting quality over quantity standards to save efforts spent on
managing large unproductive herds that ruin pastures and destroy the natural environment.
8.3. Establishment of service and production centers along nomad routes (Dumur and Sawani)
and paving the way for gradual voluntary settlement.
8.4. Promotion and development of the processing of animal products by building the capacity
of producers in dairy and leather industries to develop production and ensure competition
in the market.
8.5. Raising awareness of environmental issues in the herder community to curb overgrazing
in furtherance of the conservation of the natural environment.
8.6. Spread seeds of grassy vegetation along nomad routes to rebuild the natural environment
and provide pastures.
8.7. Provision of veterinary services via mobile units.
8.8. Advancement of the nomad community through education, establishing schools,
introducing boarding school systems, and literacy units.
8.9. Development of traditional skills in handcrafting fields such as the wool industry and
others.
8.10.Development of positive values in nomad communities by promoting the spirit of
solidarity and collecting popular heritage and literature.
8.11.Participation of the nomad community in public affairs by representing them in legislative
and executive institutions at all levels of governance.
8.12.Building reservoirs, wells, dams, water stations, and groundwater wells along the routes.
8.13.These strategies shall be implemented during a 10 (ten year) period divided into two
extendable phases as follows:
8.13.1.Phase one between 2020-2025 8.13.2.Phase two between 2026-2030
8.14.Projects meetings the objectives of the Commission’s strategies shall be prepared and implemented during the two phases according to priority.
8.15.The Commission for the Development of the Nomads and Herders Sector in Darfur shall be funded by the the Darfur Peace Support and Sustainable Development Fund for a period of 10 (ten years).
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CHAPTER 7:
LAND AND HAWAKEER PROTOCOL
General Principles
1. Recognizing the traditional rights to the ownership of tribal lands (known as Hawakeer) and the historic rights related to lands and the traditional and customary livestock routes and opportunities to access water.
2. The competent authorities in Darfur (region/ states), in coordination with the federal government and the neighboring regions/states, shall organize the opening of routes across the borders of the Sudanese states, for nomadic shepherds, in order to limit the likelihood of the occurrence of disputes with farmers.
3. The competent authorities shall study, develop, and amend relevant laws to integrate international norms and practices to protect the cultural heritage in Darfur, especially those related to lands and property.
4. Traditional mechanisms for the possession of lands in Darfur should be taken into consideration in resolving conflicts arising between components of the society.
5. In the event of a conflict between the Sudanese laws and the traditional land possession system (Hawakeer) in Darfur;
the said laws shall be amended to include the rights of the lands (Hawakeer) and their use according to the norms, traditions, and inherited practices of land tenure in Darfur.
6. All IDPs and refugees, as well as all other persons, shall have their rights restored in the lands that were arbitrarily and illegitimately taken away from them.
Stripping any individual or group of individuals from their traditional and historic right to ownership of lands and access to water shall only be permissible after conducting consultations or offering compensation to them on a just basis.
7. The Historical Borders of Darfur
7.1. The Parties agree on the need to prioritize demarcating borders of Sudan regions, including
the historical borders of Darfur, via the National Borders Commission after it is restructured.
8. The Right to Restitution:
8.1. The Parties agree to review and revoke the registration of lands which are proven to have
been expropriated or forcibly taken after June 1989.
8.2. The Parties agree to the right of communities and individuals to the restitution of lands
taken away due to the conflict in Darfur.
8.3. The right to restitution shall be an individual and collective right.
Individuals or
communities shall have the right to apply for restoration of their land.
8.4. Local communities shall have an independent right in the claims of restituting lands, in
regards to collective property (villages, farms and Hawakeer).
8.5. Claims of restituting individual property and collective property shall not be mutually
exclusive according to law.
8.6. Male and female IDPs and refugees, affected by the conflict, shall have the right to restore
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any houses, lands, or farms that they have been arbitrarily or illegally deprived of,
irrespective of their choice to return to their original homes.
8.7. All individuals shall be entitled to file claims to the Darfur Lands and Hawakeer
Commission within 10 (ten years) from it commencing operations.
8.8. The competent authority, in cooperation with civil administration shall take charge of evacuating those residing illegally in the lands of others in Darfur since 2002, after the
Darfur Lands Commission issues a decision thereupon.
9. Darfur Lands and Hawakeer Commission
9.1. The Parties agree to establish the Darfur Lands and Hawakeer Commission (DLHC)
within 60 (sixty days) of the date of signing this agreement to hear and mediate claims of property restitution filed by individuals and communities who lost their lands because of the conflict in Darfur.
9.2. The DLHC’s procedures shall be made available for the public within 6 (six months) from the date of signing this Agreement.
9.3. The Parties shall agree on the organizational and functional structure of the DLHC in accordance with the parameters provided for in the Agreement.
9.4. The DLHC shall develop its own regulations, rules of procedures, and decision-making methods.
9.5. The judicial authority shall establish a special court for the DLHC with the exclusive power to hear appeals of decisions of the DLHC and to register the ownership of lands as decided by the DLHC to any party to the conflict.
9.6. The DLHC shall form local committees for claims, which include local, traditional, and community leaders, including representatives of IDPs, refugees and women, to investigate claims related to compensations and other means of reparations.
The committees submit their reports to the DLHC.
9.7. The DLHC shall form a mechanism for fair evaluation for purposes of receiving claims from victims to receive compensation and other means of reparations for harm inflicted due to the conflict.
9.8. Without prejudice to the right to appeal, the decisions and awards of DLHC shall be binding.
10. DLHC Powers and Competencies
10.1.The DLHC shall have the following powers and competencies:
10.1.1.To arbitrate and adjudicate conflicts over rights related to land disputed between the parties to the conflict.
10.1.2.To identify the legitimate owner of disputed land and its value upon submission of a claim.
If restitution is not possible for these lands due to their use for the public interest, the claimant shall receive fair compensation for losses or damages.
10.1.3.To undertake all appropriate arrangements to ensure the full and effective participation of IDPs, refugees, local and traditional leaders, women, and all affected individuals of local communities in its procedures, including the investigation of disputed land claims.
10.1.4.To locate and identify sites and establish registers of present and historical uses of land and preserving it.
10.1.5.To assist in registering and issuing land property deeds.
10.1.6.To conduct research regarding land tenure and usage in the geographical area
subject to its authority.
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10.1.7.The DLHC shall launch and manage a general awareness-raising campaign to inform all individuals, who have property restitution claims arising from the conflicts, of their right to submit claims.
10.1.8.The DLHC shall undertake a regular assessment of the process of implementing land restitution programs and submit publicly-accessible periodic reports.
10.1.9.The DLHC shall address the issue of Sudanese illegally residing on the lands of others in the event of evacuating them, provided that this is conducted in cooperation with relevant parties.
10.2.The National Lands Commission and DLHC shall cooperate and coordinate their work in terms of:
10.2.1.Sharing information and decisions made by either entity;
10.2.2.Some tasks of the National Lands Commission, including data collection and
research, may be assigned to the DLHC;
10.2.3.Settlement of any issues contradictory to the findings or recommendations of
either commission.
11. Funding
11.1.The DLHC shall be funded by the Darfur Peace Support and Sustainable Development
Fund for a period of 10 (ten years) from the date of this Agreement.
11.2.The Parties shall work together to receive assistance from the international community in
funding the operations of the DLHC.
11.3.The period during which the Government of Sudan shall provide funding to the DLHC
shall not be an indication or identification of the mandated term of DLHC.
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CHAPTER 8:
PERMANENT CEASEFIRE AND FINAL SECURITY AGREEMENT PROTOCOL
Preamble
RECOGNIZING that the core of this agreement is inclusiveness and the involvement of armed groups, political forces, and civil society to become part of the peace process, to play a role therein, and contribute to maintaining this agreement.
MOTIVATED by our deep awareness of the urgent need for final security arrangements that address the root causes of war and build a rapid plan of action to address the humanitarian crisis in Sudan in general and in Darfur in particular and to provide for the necessary relief and aid, rehabilitate, save, protect, and voluntarily resettle IDPs and refugees.
REAFFIRMING the necessity to achieve a just peace and a comprehensive political agreement that enable us to address the issues and consequences of war in Darfur as part of a comprehensive process for all Sudan.
MINDFUL that the history of Sudan has proven that peace cannot be achieved without democratization and that democratization cannot be achieved without peace.
ACKNOWLEDGING the major role played by the martyrs of the Armed Forces, the Rapid Support Forces, security forces, and forces of the armed struggle movements during the struggle for freedom, peace, justice and equality, and in furtherance of national reconciliation, a national day for martyrs shall be created.
Definitions
1. Darfur:
means the area comprised of the region/states of Greater Darfur (North Darfur, South
Darfur, West Darfur, East Darfur, and Central Darfur).
2. Assembly:
means the process of moving combatants to selected locations (in accordance with the standards of assembly areas) in Darfur for the purpose of completing the necessary complementary administrative and military procedures.
3. Combatants:
means those who arrive at the assembly areas with a personal automatic gun (rifle) or a group weapon (machine gun, mortar, DShK, etc.)
from among the fighters affiliated with the movements signatory to this agreement.
3.1. Notwithstanding the aforementioned definition of a combatant, the competent committee
may exclude 15% of unarmed combatants who arrive at the assembly areas.
4. Storing weapons:
means the post-Assembly phase wherein the collection of small arms from combatants and storage thereof occurs under the supervision of a third party in coordination with the ceasefire mechanism regarding (manner, funding, and guarding).
Heavy and long- range weapons and ammunition shall be stored in areas to be agreed on before entry to the assembly areas.
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5. Disarmament, Demobilization and Reintegration (DDR): means the process of settling the status of those unfit for military service by disarming, demobilizing, and reintegrating them into society through the DDR Commission.
6. Integration:
means integrating combatants who are fit for military service according to a timeline to be agreed upon after the conclusion of the training and military development period in accordance with the agreed norms and standards.
GENERAL PROVISIONS AND GUIDELINES
7. Purpose and Objectives.
7.1. The purpose of this agreement is to be a single comprehensive agreement for all security
issues and arrangements for the Darfur Track, including the following matters:
7.1.1.Continuation of the Cessation of Hostilities for Humanitarian Purposes;
7.1.2.Permanent ceasefire;
7.1.3.DDR;
7.1.4.Final security arrangements;
7.1.5.Reform, development, and modernization of the security sector.
7.2. In furtherance of this purpose, the main objectives of this agreement shall be the
following:
7.2.1.To provide a clear track for achieving a just, comprehensive, and durable peace for
Darfur and all of Sudan;
7.2.2.To create a safe and stable environment to support the comprehensive agreements
for peace in Darfur and the wider peace and political transition in Sudan;
7.2.3.To reach a negotiated and comprehensive agreement on security arrangements and
sector reforms that are conducive to new final security arrangements in Sudan, in
furtherance of durable peace and political transition.
7.2.4.To reform, develop, and modernize the Sudanese military establishment and other
security institutions, and to construct a new unified military doctrine in order to improve their capacities, effectiveness, impartiality and professionalism and ensure that their sizes and structures reflect the needs and interests of the Sudanese state and people;
7.2.5.The security arrangements agreement is closely linked with the implementation of the political agreement.
8. Identification of the Parties.
8.1. Parties to this agreement are:
8.1.1.The Transitional Government of Sudan;
8.1.2.Armed struggle movements in the Darfur Track, consisting of:
8.1.2.1.Sudan Liberation Movement / Army;
8.1.2.2.Justice and Equality Movement;
8.1.2.3.Sudan Liberation Forces Alliance;
8.1.2.4.Sudan Liberation Movement – Transitional Council 8.1.2.5.The Sudanese Alliance.
9.Guiding principles for the final security arrangements, reform, development and Page 47 of 242
modernization of security sector.
9.1. Continuation of the Cessation of Hostilities for Humanitarian Purposes is a necessary step for building confidence, confirming the Parties’ commitment to pursue a peaceful resolution of the conflicts in Sudan, and continuing and completing negotiations for peace and permanent security arrangements as part of Sudan’s political transition;
9.2. The Parties shall remain continuously committed to addressing the humanitarian situation in Darfur as a critical and necessary element of the effort to move forward with final security arrangements and security sector reform and development as part of the broader reforms within the Sudanese peace process;
9.3. All agreements on and arrangements for the cessation of hostilities or permanent ceasefire, or for security arrangements and all other reforms shall also serve to facilitate or ensure safe, immediate, and unhindered humanitarian access;
9.4. The Parties shall create appropriate security conditions for the unimpeded flow of humanitarian assistance and goods;
9.5. The Parties agree that achieving a permanent ceasefire through negotiations will result in final security arrangements and reforms, development, and modernization of the military institution and other security services/security sector, and achievement of a durable peace and political transition in Sudan;
9.6. Establishing security forces and a single national army trusted by the local communities across Sudan, especially in the conflict areas, is a key element to establishing peace, security, and sustainable development in Sudan;
9.7. The Parties agree to reform, develop, and modernize the military establishment and other security services/the security sector, provided that there are short and long-term reforms in furtherance of the objectives and provisions of this agreement, supporting the establishment of a permanent, professional, and independent system to improve their capacity, effectiveness, impartiality, inclusiveness, and professionalism, as well as to strengthen the rule of law in Sudan in accordance with international law and best practices and to establish armed forces that represent the diversity of Sudan and are capable of defending Sudan against foreign enemies and maintaining the sovereignty and territorial integrity of Sudan;
9.8. The comprehensive long-term security reforms shall particularly focus on ensuring that the Sudanese armed forces and other security institutions are not loyal to any single party, group, tribe, or region but instead owe allegiance to the state of Sudan.
9.9. The Parties shall engage in a transparent and internationally supervised program for the disarmament, demobilization, and reintegration of forces that will eventually lead to the reintegration of combatants and fighters who have not been included in the integration program;
9.10.The Parties shall ensure representation of women in structures of the military institution and other security services/security sector and in related decision-making entities, as well as in the reform, development, and modernization of the military establishment and other security services/the security sector.
9.11.The Parties shall work together to request from the international community technical, material, and financial assistance necessary for successful implementation of the Cessation of Hostilities for Humanitarian Purposes, a permanent ceasefire, DDR, and peacebuilding;
9.12.For purposes of this agreement, the military establishment and security services/the security sector in Sudan shall mean the following:
9.12.1.“The military establishment” including the Sudanese Armed Forces and the Rapid Page 48 of 242
Support Forces;
9.12.2.The unified Sudanese police forces;
9.12.3.The General Intelligence Service;
9.13.The Parties commit to promoting geographic and social diversity and employing equal opportunity policies in the membership of the Armed Forces and other security services within the security sector, while applying the principle of positive discrimination in favor of war-affected areas;
10. Phases of the Final Security Arrangements.
10.1.Phase One:
continuation of the Cessation of Hostilities for Humanitarian Purposes,
leading to a permanent ceasefire agreement;
10.2.Phase Two:
implementation of the permanent ceasefire agreement and other
comprehensive security arrangements and implementation of the program of integration
in the military establishment institution and other security services;
10.3.Phase Three:
implementation of the DDR program;
10.4.Phase Four:
implementation of the reform, development, and modernization plan for the
military establishment institution and security services (security sector).
CESSATION OF HOSTILITIES
11. Monitoring and Verification Mechanisms for the Cessation of Hostilities
11.1.The Parties agree to continue the Cessation of Hostilities for Humanitarian Purposes
leading to a permanent ceasefire agreement;
11.2.The Parties shall be committed to the Cessation of Hostilities Agreement signed in Juba
on 21 October 2019 until the permanent ceasefire goes into effect while continuing and activating monitoring and verification mechanisms with the Mediation’s presence as a third party.
PERMANENT CEASEFIRE, COMPREHENSIVE SECURITY ARRANGEMENTS AND IMPLEMENTATION OF INTEGRATION PROGRAMS IN THE MILITARY ESTABLISHMENT AND OTHER SECURITY SERVICES
12. Permanent Ceasefire
12.1.The Parties shall sign a negotiated permanent ceasefire agreement that is consistent with
all of the provisions and stipulations of this agreement.
It shall go into force within 72 hours of signing this agreement.
13. Elements required in the permanent ceasefire agreement
13.1.The permanent ceasefire agreement shall, among other things, stipulate the
following:
13.1.1.Actions prohibited by the Cessation of Hostilities set forth in this agreement;
13.1.2.Identification of acts, activities, or breaches that shall constitute violations to the
ceasefire agreement and methods to address these violations;
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13.1.3.Forming of specialized command and control mechanisms to undertake all oversight, monitoring, and verification activities necessary to ensure the effective implementation of the permanent ceasefire agreement including expanding the jurisdiction of the Permanent Ceasefire Committee and the Joint High Military Committee for Security Arrangements provided for in this agreement;
13.1.4.Clear requirements and procedures to disclose troop locations of both parties and monitor them in the permanent ceasefire phase;
13.1.5.Comprehensive procedures to regulate the movement of troops, weapons, provisions, and supplies;
13.1.6.The sequencing of procedures and schedules for the implementation of the permanent ceasefire and security arrangements.
13.1.7.Request for, coordination with, and facilitation of international aid for the implementation of the ceasefire;
13.1.8.Any other issues necessary to support the ceasefire and security arrangements provided for in this agreement.
13.2.This agreement shall reflect and include all provisions relevant to the implementation of permanent ceasefire and final security arrangements.
14. General Provisions and Principles of the Permanent Ceasefire
14.1.Peace constitutes a key objective for the Sudanese people and it is primarily a national
issue that requires the mobilization of political will and public engagement as indispensable prerequisites to the realization of a durable peace.
The Parties must further cooperate in upholding and respecting the permanent ceasefire and employ their wisdom to contain and resolve any problems that may arise;
14.2.The Parties must, at all times, refrain from any act or acts that may compromise the peace process and create a climate which leads to peace and calm.
14.3.Emphasizing that the permanent ceasefire agreement must be clear and free from ambiguity in all its elements;
14.4.The permanent ceasefire agreement must ensure freedom of mobility for people, particularly civilians, commodities, and services across Sudan as well as opening border crossings with neighboring countries in accordance with the agreements signed with them and the necessary security measures;
14.5.The Parties shall commit to immediately releasing the remaining prisoners of war unless they are indicted in private rights cases as a sign of national reconciliation, in addition to releasing any other persons detained due to the war in furtherance of confidence building measures and searching for missing persons;
14.6.The Parties must engage judicial and legal bodies, national organizations and the ICRC in the process of releasing war prisoners and other persons detained due to the war and searching for missing persons;
14.7.The Parties must commit to providing and facilitating humanitarian assistance by creating conditions that encourage provision of urgent humanitarian assistance to the homeless, IDPs, refugees, and affected persons and their right to voluntary return to their areas of origin;
14.8.The Parties agree to inform commissioned and non-commissioned officers and soldiers of their respective forces of the agreement as a means to promote the permanent ceasefire agreement and to use official media outlets to do so;
14.9.The Parties shall abide by the permanent and final ceasefire provided that the forces, as well as forces allied and affiliated with either party, abide by it on all levels;
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14.10.This agreement shall not include stipulations that could undermine Sudan’s sovereignty, territorial integrity, national security, and the unity of its armed forces and security services;
14.11.To reach a credible ceasefire that promotes security and builds confidence, these processes shall be undertaken mutually, in incremental steps, and with appropriate security guarantees;
14.12.The Parties recognize that the presence of foreign fighters in the ranks of opposition movements or any other armed elements from neighboring countries, if any, in Darfur constitutes a serious threat to peace and security in Darfur in particular and Sudan in general as well as a threat to this agreement;
14.13.The Parties agree on a permanent ceasefire between all their forces in fulfilment of a broader goal which is to safeguard the final peace agreement, promote the culture of peace and reconciliation, and build confidence and the new democratic system;
14.14.It is essential for the principles of the final ceasefire to be upheld between the Armed Forces, the Rapid Support Forces, and armed struggle movements/ Darfur Track immediately upon signing this agreement;
14.15.The Parties comprehend the threat and risk posed by foreign armed elements, if any, to the security and stability of Sudan and neighboring countries;
14.16.The Parties acknowledge that the primary responsibility for enforcing law and maintaining public safety falls with a recognized police authority that carries out its duties in accordance with the law and acceptable standards;
14.17.The Government of Sudan shall be committed to combating unregulated armed elements.
15. Entry into Force of the Agreement
15.1.The permanent ceasefire agreement shall replace the Cessation of Hostilities Agreement
and enter into force within 72 hours from the date of signing in accordance with the approved timetables therefor.
16. The Geographic Scope of the Permanent Ceasefire
16.1.The geographic scope of the ceasefire shall encompass Darfur and all areas in which the
forces of the signatory armed struggle movements are concentrated within Sudan.
17. Permissible Acts
17.1.Due to the adverse effects of war, the main principle underlying permissible acts shall be
to work to mitigate the effects of war on civilians and affected areas and to mobilize public
support for peace.
Permissible acts must include the following:
17.1.1.Demining and elimination of military threats must be undertaken in cooperation
with, and agreement between, the Parties based on agreed timetables and mechanisms and with the participation of a third party, the Mediation, the United Nations, and guarantors of this agreement;
17.1.2.Development activities such as opening and constructing roads and restoring bridges, crossings, railroads, airports and heliports;
17.1.3.Socioeconomic activities such as assisting the freedom of movement of people, goods and services;
17.1.4.Freedom of movement for unarmed soldiers in civilian attire who are on vacation, on sick leave, or are visiting their families pursuant to an authorization from the competent authority and with the knowledge of the field teams;
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17.1.5.Supplying non-combat material, such as food, water, medicine, fuel, lubricating oils, office stationery, clothing, and all administrative needs and movements.
17.1.6.Training and retraining of troops integrated into the military establishment and other security services;
17.1.7.Humanitarian action by facilitating the flow of relief and humanitarian assistance in accordance with the agreed regulations;
17.1.8.Medical evacuation;
17.1.9.Routine movements of the Armed Forces, to secure international borders and
confront national security threats, that pass through assembly areas and bases of the armed struggle movements’ forces;
after informing the Military Ceasefire Committee.
18. Prohibited Acts.
18.1.Military activities, including military movements, reconnaissance, hostile reinforcements,
recruitment, mandatory conscription, and military exercises, except those authorized by the Ceasefire Committee.
The Ceasefire Committee shall inform the Joint Monitoring Committee of current and future permissible activities;
18.2.Military operations on land and in the air between the Parties to the agreement.
18.3.Laying landmines and undertaking other acts of sabotage;
18.4.Using force and violence against civilians and subjecting them to maltreatment, including
sexual violence against women, which constitutes a violation of international law and
relevant domestic law;
18.5.Hostile propaganda and psychological warfare from within the country or from abroad.
18.6.Occupying new positions;
18.7.Mandatory conscription or inclination towards unauthorized mobilization.
18.8.Recruiting child soldiers;
18.9.Provocative hostile acts that could lead to a confrontation;
18.10.Violating human rights, international humanitarian law, and obstructing freedom of
movement;
18.11.Espionage, sabotage, and vandalism aimed at undermining any party to the agreement.
18.12.Obstructing the freedom of movement of the monitoring mechanisms in implementing
their mandated tasks;
18.13.Bias alignment of any member of the signatory Parties towards their respective tribes,
in the event of tribal conflict;
18.14.Acts of violence and attacks against personnel of international organizations and
humanitarian aid organizations;
18.15.
Movement of persons in Assembly areas without prior notice with arms, in civilian or
military attire;
18.16.Assembly area forces may not perform any civilian activities or exercise civilian powers;
18.17.Assembly area forces may not object to any social, humanitarian, or societal services
provided by the competent authorities;
18.18.Encouraging or enabling the presence of foreign forces inside Darfur without prior
agreements or treaties with the Government of Sudan;
18.19.All acts of hostility, harassment, or intimidation against military personnel or civilians
affiliated with the other party, including harassment through unjustified detention;
18.20.Any other acts that may delay the natural progress of the permanent ceasefire.
19. Measures to be taken in the event of violations of the agreement:
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19.1.In the event of any breach to the provisions of this agreement, the Ceasefire Committee and the Area Field Committee shall define the appropriate measures, which include the following:
19.1.1.Investigation of the violations.
19.1.2.Identification of the parties involved in the violations.
19.1.3.Exposing the perpetrator, naming and shaming the perpetrator, or recommending
harsh penalties be imposed upon the perpetrator in the event that they were involved
in serious violations;
19.1.4.Recommending that the individual or parties involved be referred to a civil,
criminal, or military trial, as appropriate;
19.1.5.The Parties agree to follow up on recommendations for disciplinary measures,
based on the proposal of the Permanent Ceasefire Committee, sectoral committee, and the joint military field teams.
20. Humanitarian access during the permanent ceasefire:
20.1.The Parties shall commit to complying with the Humanitarian Assistance Agreement
signed in Juba on 21 October 2019;
20.2.The Parties agree to activate the Humanitarian Committee established under the Cessation
of Hostilities Agreement, which shall work in coordination with the Ceasefire Committee;
20.3.The Parties agree to ensure safe, immediate, and unhindered humanitarian access and to not obstruct the flow of humanitarian assistance from within Sudan or across the border
for the affected populations.
20.4.The Parties shall commit to ensuring humanitarian access immediately upon entry into
force of the permanent ceasefire.
20.5.In cooperation with a third party, the Parties shall ensure the safety and protection of
humanitarian workers.
20.6.The Parties shall commit to protecting and securing humanitarian assistance from looting,
theft, and corruption.
20.7.The Parties shall commit to opening humanitarian tracks.
20.8.The Parties agree on comprehensive measures that shall regulate the movement and
protection of humanitarian assistance convoys in the states/region of Darfur.
20.9.Facilitate the work of all humanitarian organizations in Darfur to ensure the effective and
efficient provision of assistance through the Humanitarian Assistance Commission.
20.10.The Joint Humanitarian Committee shall submit a report to the Ceasefire Committee on
the fulfilment and accomplishment of its mandated tasks.
21. The Preparatory Phase of the Ceasefire:
21.1.The permanent ceasefire shall start immediately upon signing the final peace agreement
and shall replace the Cessation of Hostilities Agreement in force;
21.2.The Parties, upon forming the command and control mechanisms within one week of
signing the peace agreement, shall embark on defining the Assembly areas and concentration points of the forces of the armed struggle movements/ Darfur Track through the Joint Military Ceasefire Committee in areas to be agreed upon by the Parties.
21.3.Criteria for assembly areas shall be as follows:
21.3.1.An area agreed upon by the Parties;
21.3.2.Easily accessible on land and by air for monitoring purposes, with all necessary
services available;
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21.3.3.Located an appropriate distance from populated areas;
21.3.4.Located no less than 50 kilometers from international borders.
21.4.The Parties shall commence, through the Joint Ceasefire Committee and a third party, the preparatory procedures, including verification, classification, monitoring, and inventory
of weapons;
21.5.The Ceasefire Committee, in consultation with the Parties, shall designate the borders of
the demilitarized zones around assembly areas and concentration points.
21.6.After designating Assembly areas for the forces of armed struggle movements/ Darfur
Track, the Parties shall undertake the following steps:
21.6.1.Define the movement and activities of their respective forces in the areas under
their respective control;
21.6.2.Define buffer zones and humanitarian assistance routes around assembly areas;
21.6.3.Commit to not engage in any military activity in the agreed buffer zones;
21.6.4.Each party shall establish a command center with responsibility for the command
and control of their respective forces.
22. Monitoring Arms and Assets:
22.1.Forces of the armed struggle movements of Darfur Track shall keep their forces, light and
personal weapons, equipment and supplies, inside the agreed upon Assembly areas for 14
days after arrival at Assembly areas;
22.2.The Ceasefire Committee shall supervise weapons and equipment containment,
inspection, classification, and monitoring in accordance with the reports submitted by the
armed struggle movements;
22.3.Areas selected for storing weapons shall be at a distance from the areas and roads
routinely frequented by citizens for transporting water, timber, and other supplies.
The
distance shall be defined by the Ceasefire Committee;
22.4.The third party, in consultation with the Parties, shall define, monitor and inspect
locations for the temporary storage of crew-administered long-range weapons, artillery,
and relevant ammunitions;
22.5.Armed struggle movements shall commit to handing over their crew-administered long-
range weapons, artillery and relevant ammunitions to the head of the Joint Military Ceasefire Committee before they enter Assembly areas, provided that the weapons are stored in defined locations, monitored, and inspected;
22.6.The Parties agree to establish a joint specialized technical committee to evaluate and assess the value of weapons and assets, provided that the Government of Sudan commits to reimbursing their value to the armed struggle movements.
23. Verification of Forces in the Agreed Assembly Areas.
23.1.The armed struggle movements shall hand over lists of their forces to the Ceasefire
Committee before their forces enter Assembly areas, within an appropriate period to be
specified by the committee;
23.2.The Parties agree to hand over reports to the Mediation within 72 hours of the date of
signing the peace agreement.
23.3.
The Parties agree to establish the command and control and monitoring mechanisms
provided for in this agreement within one week of the date of signing the peace agreement.
23.4.The Parties agree to designate Assembly areas and concentration points for the forces of the armed struggle movements within two weeks of the date of signing the peace
agreement;
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23.5.The Parties agree to hand over manifests with the names of combatants of the armed struggle forces to the Ceasefire Committee within 45 days of the date of signing the peace agreement;
23.6.The Parties agree to submit additional manifests with the names of combatants of the armed struggle movements/ Darfur Track to address deficits.
The manifests shall be submitted to the Ceasefire Committee within 21 days of the date of receiving the [original] manifests, provided that the manifests do not represent more than 10% of the original manifest that was previously submitted;
23.7.Forces of the armed struggle movements shall be verified in Assembly areas against the manifests and data mentioned in the foregoing paragraphs;
23.8.Subsequent arrangements, especially the integration and reintegration processes, shall take place based on the lists provided by the armed struggle movements after verification;
23.9.Competent committees shall seek the help of field commanders in the process of verifying
members of the forces of armed struggle movement in assembly areas.
24. Armed and Allied Elements in Darfur
24.1.The Parties shall submit a report to the Ceasefire Committee regarding all relevant
information on armed and allied elements of either party in Darfur – if any;
24.2.For purposes of this agreement, armed and allied elements in Darfur shall mean any force
not party to this agreement;
24.3.The Ceasefire Committee shall verify such information in cooperation with the Parties;
24.4.The Government of Sudan shall control and disarm armed and allied elements in Darfur;
24.5.The Government of Sudan shall control and disarm such armed foreign elements and
repatriate them to their countries, if any, and shall bind them to the provisions of this
agreement, in coordination with neighboring countries;
24.6.The Ceasefire Committee shall monitor and submit reports to the joint monitoring
committee regarding the activities of foreign armed elements, if any, and the progress
made by the Government of Sudan in controlling them;
24.7.The Parties shall assess the threat and risk posed by foreign armed elements, if any, on
the security and stability of Sudan and neighboring countries;
24.8.The Government of Sudan shall be responsible for putting an end to the presence of any
foreign armed elements on Sudanese territory;
24.9.The Government of Sudan shall provide the Ceasefire Committee with a comprehensive
plan for disarming armed troops and irregular fighters, combating persons who are illegally armed, gangs, and other outlawed groups active in Darfur.
The plan shall also include arrangements for the rehabilitation of members of such groups and their social and economic reintegration;
24.10.The Military Ceasefire Committee shall monitor disarmament of armed troops and irregular fighters and verification thereof in addition to combating persons who are illegally armed, gangs, and other outlawed groups in accordance with the agreed plan.
25. Command and Control Mechanisms
25.1.It has been agreed that the mediator, the guarantors, and the third party shall partake in
the tasks of the committees and supervise some of them as provided for in this agreement;
25.2.The Parties agree to establish the command and control and monitoring mechanisms
provided for in this agreement within one week of the date of this agreement;
25.3.This agreement shall include an implementation matrix which will define activities,
implementing parties, and the timing and phases of implementation;
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25.4.The Parties agree to designate a 320-person force for the protection of important persons in the Darfur Track within the framework of this agreement after integration, training, and qualification.
25.5.The Joint High Military Committee for Security Arrangements.
25.5.1.Immediately upon signing this agreement, the Parties shall create the Joint High
Military Committee for Security Arrangements;
25.5.2.Functions of the Joint High Military Committee for Security Arrangements.
25.5.2.1.To supervise, monitor, and verify the implementation of the agreement.
It shall serve as the main mechanism for decision-making and disputes resolution;
25.5.2.2.To urge the Parties to rise to the level of their commitments pursuant to the agreement;
25.5.2.3.To brief the Parties on the latest progress achieved in terms of the implementation of the agreement;
25.5.2.4.To coordinate with other relevant domestic and international parties;
25.5.2.5.To receive complaints from the third party, resolve disputes arising from the
violations of the ceasefire based on the reports of the Ceasefire Committee, refer issues that could not be resolved to the Joint High Council for Implementing the Final Peace Agreement;
25.5.2.6.To take measures to address violations;
25.5.2.7.To encourage confidence building between the Parties and briefing the
IGAD, the AU and the UN on the ceasefire implementation as necessary;
25.5.2.8.To take committee decisions by consensus;
25.5.2.9.The committee shall be headquartered in Khartoum and it shall have bylaws
to regulate its actions;
25.5.2.10.To take note and make decisions on all reports provided or submitted by the
Ceasefire Committee and the Humanitarian Committee;
25.5.2.11.To assist the containment and classification committees and the technical
reintegration committees;
25.5.2.12.To submit a status report on the implementation of and compliance with the
agreement directly to the Joint High Council.
25.5.2.13.To exercise command and control over mechanisms and security
arrangements committees.
25.5.2.14.To supervise the reintegration of the forces of the armed struggle
movements/ Darfur Track into the Armed Forces, the Rapid Support Forces, the unified police forces, and the General Intelligence Service in accordance with the criteria agreed upon with the benefit of past experiences.
25.5.2.15.To undertake any other relevant functions.
25.5.3.The Joint High Military Committee for Security Arrangements shall be
composed as follows:
25.5.3.1.One senior military commander from each party;
25.5.3.2.Five senior officers from each party;
25.5.3.3.One legal advisor;
25.5.3.4.The DDR commissioner;
25.5.3.5.The Humanitarian Affairs Commissioner;
25.5.3.6.A representative of the Mediation’s country;
25.5.3.7.A representative of Chad;
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25.5.3.8.A representative of the African Union;
25.5.3.9.A representative of a UN third party;
25.5.3.10.Chairmanship shall be assumed jointly by the agreement of the Parties and
shall be rotational.
25.6.The Permanent Ceasefire Committee:
25.6.1.Immediately upon signing the agreement, the Parties shall establish a Ceasefire Committee that serves as the main mechanism for the efforts of monitoring, verification, and implementation on the ground;
25.6.2.The Ceasefire Committee shall be accountable to the Joint High Military Committee for Security Arrangements which supervises the activities of the Ceasefire Committee;
25.6.3.The Ceasefire Committee shall be headquartered in al-Fashir with sectors formed in all Darfur states/region.
25.6.4.Functions of the Permanent Ceasefire Committee:
25.6.4.1.Plan, coordinate, manage, oversee, verify, monitor, and supervise the
permanent ceasefire and implementation of decisions.
25.6.4.2.Institute a communications system and procedures for effective and
trustworthy communication with the Parties and other actors and stakeholders
(leaders of civil administrations, civil society, IDPs, and refugees);
25.6.4.3.Designate Assembly areas for the forces of the armed struggle movements /
Darfur Track, in accordance with the timetable;
25.6.4.4.Coordinate and monitor permissible military movements, and plan of
movement on the agreed upon roads;
25.6.4.5.Receive and examine violations and complaints that have not been settled
and reach decisions thereon;
25.6.4.6.Monitor demining activities and deactivation of unexploded ordnances and
any other military threats;
25.6.4.7.Disseminate information about this agreement and promote it;
25.6.4.8.Supervise sectoral committees;
25.6.4.9.Submit reports to the Joint High Military Committee for Security
Arrangements on the findings of its work;
25.6.4.10.Have bylaws that regulate its work;
25.6.4.11.Facilitate the flow of humanitarian assistance;
25.6.4.12.The Ceasefire Committee shall work with the Parties and the Joint
Humanitarian Committee to define specific methods, as necessary, to provide humanitarian assistance to specific areas in coordination with the Humanitarian Assistance Commission.
Chairman of the committee shall make any final decisions on the means of the delivery of humanitarian aid in consultation with the Parties.
25.6.4.13.The Ceasefire Committee shall reach decisions by consensus of the Parties.
It shall produce its own bylaws and shall be headquartered in al-Fashir.
25.6.4.14.Assist containment and classification committees and technical integration
committees.
25.6.5.The Permanent Ceasefire Committee shall be composed as follows:
25.6.5.1.Third-party UN representative as chairman;
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25.6.5.2.Five officers from each party;
25.6.5.3.The Republic of South Sudan and Chad shall have one representative each.
25.7.Sectoral Committee.
25.7.1.Functions of the Sectoral Committee:
25.7.1.1.Monitor and examine claims of violations and resolve disputes.
25.7.1.2.Submit periodic reports and refer unresolved complaints to the Ceasefire
Committee;
25.7.1.3.Communicate and share information with the security committee in the
states/region of Darfur;
25.7.1.4.To have bylaws to regulate its work;
25.7.1.5.Assist containment and classification committees and technical reintegration
committees.
25.7.2.The Sectoral Committee shall be composed of the following:
25.7.2.1.Third-party UN representative as chairman.
25.7.2.2.Five officers from the Parties.
25.7.2.3.A representative for each of the Republic of South Sudan and Chad.
25.8.Field Teams
25.8.1.Field teams shall be established in areas of Darfur states/region.
25.8.2.Functions and duties of field teams:
25.8.2.1.Conduct regular patrols and visits to all areas concerned with monitoring the
permanent ceasefire;
25.8.2.2.Undertake oversight and inspection functions and report violations to the
Sectoral Committee;
25.8.2.3.Submit periodic reports to the field committee (for the area);
25.8.2.4.Facilitate the work of the Humanitarian Affairs Committee;
25.8.2.5.To have bylaws to regulate its work;
25.8.2.6.Assist containment and classification committees and technical reintegration
committees;
25.8.3.Field teams shall be composed of the following:
25.8.3.1.A third party UN representative (chairperson);
25.8.3.2. (
5) Officers from each party with the rank of major or captain.
25.9.Code of Conduct
11.1.1.
Members of permanent ceasefire mechanisms and observers shall, at all times, abide
by a code of conduct that shall include the following:
25.9.1.1.Adopting the principle of dialogue, and as a guiding principle appropriate and polite language must be used during deliberations;
25.9.1.2.Members shall address the chairperson with regards to any issues they wish to raise;
25.9.1.3.Personal assault or hostility by any member shall not be acceptable;
25.9.1.4.All members shall be punctual;
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25.9.1.5.No member of the Permanent Ceasefire Committee shall have the right to speak to the press or issue any statements on behalf of the Ceasefire Committee without prior authorization by the chairperson;
25.9.1.6.Deliberations of the permanent ceasefire committee shall be confidential and may only be circulated on a need-to-know basis;
25.9.1.7.Acts that may undermine the credibility of any party shall be avoided;
25.9.1.8.Interests of citizens shall be prioritized over personal considerations;
25.9.1.9.Understanding the mandate of the ceasefire committee and acting within its
scope;
25.9.2.The chairperson shall monitor the work of the Ceasefire Committee’s Secretariat
and all sectoral sub-committees in accordance with the definition stipulated in this agreement.
Sector commanders and the head of the Ceasefire Committee’s Secretariat shall report directly to the chairperson of the Committee with regard to management of the resources under their control;
25.9.3.Sector commanders shall control and monitor the ceasefire sectoral sub- committees and the location team groups located within the boundaries of their respective jurisdiction.
Sector commanders shall remain responsible before the chairman.
Reports developed by the ceasefire sectoral sub-committees on violations shall be submitted to the chairperson via the Ceasefire Committee Secretariat.
INTEGRATION
26. Integration
26.1.The Parties agree to integrate the forces of the signatory armed struggle movements in the
military establishment and security services;
26.2.The ultimate purpose of the integration process is for the Sudanese Armed Forces, with
its new unified military doctrine that protects citizens, the homeland, and the constitution;
to be the only professional national army and to integrate all other forces present on Sudanese territory in a unified professional national army;
26.3.The Parties agree that the assembly, examination, distribution, and vetting of the forces of the armed struggle movements/ Darfur Track shall be completed within (90 days) from the date of signing the peace agreement, in accordance with the agreed upon procedures for Assembly areas.
The period may be extended by the Joint High Council;
26.4.The integration process shall start immediately upon provision of integration requirements agreed upon in this agreement.
The Assembly and training processes shall be completed within 15 months of the signing of this agreement;
26.5.The Parties agree to keep the integrated forces of the armed struggle movements in Darfur for a period of (40) forty months from the date of the signing of this agreement, which may be extended if deemed necessary for security and humanitarian reasons in the region.
After this period, the forces shall be deployed according to the strategic deployment plan of the Armed Forces.
26.6.
The Parties agree that forces of the armed struggle movements shall be integrated in the military establishment and other security services in the form of full military units according to the organization of the Sudanese Armed Forces.
26.7.The Parties agree to establish a Joint High Council chaired by the commander-in-chief of the Armed Forces, with the membership of the commander of Rapid Support Forces, Minister of Defense, Minister of the Interior, the Chief of Staff, the Director General of
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the Police, Director General of the General Intelligence Service, head of the Military Intelligence Authority and heads of the armed struggle movements for supervision, monitoring, evaluation, and follow up on the implementation of integrating the forces of the armed struggle movements and evaluating the security and humanitarian situation in Darfur.
The Joint High Council shall hold periodic meetings.
It shall, among other functions, form a mechanism to address the issue of war prisoners and missing persons of both Parties.
26.8.The Parties agree to establish a joint high committee with equal membership of the Parties to address the issue of prisoners and missing persons of both parties within (30) days from the date of the signing of this agreement.
The committee shall submit its final report to the Joint High Council within three months of the date of its establishment;
26.9.The Parties agree to exceptionally appoint a number of senior officers from the armed struggle movements in the general command, based on the size of forces integrated therein, through a task force that shall introduce plans and policies for managing the forces for the entirety of the agreed upon period during which the forces remain in Darfur.
The task force shall submit its periodic reports to the Joint High Council;
26.10.The Parties agree to exceptionally appoint a number of senior officers from the armed struggle movements in the ground forces, the police, and General Intelligence Services based on the size of the integrated forces;
26.11.The Parties agree that leadership of the integrated forces shall be pursuant to units and seniority;
26.12.The Parties agree to establish a fund to care for the affairs of martyrs and the wounded in Darfur within three months of the signing of this Agreement, provided that the Federal Government contributes to its funding and works to attract funds internally and from abroad.
26.13.The Parties shall agree on Assembly and quartering areas of combatants, to be determined at later time, provided that the following shall take place in these areas:
26.13.1.Assembly, quartering, and sustenance of the targeted individuals of the integration and accommodation processes.
26.13.2.
Listing and classification of those fit for military service according to the principles and standards stipulated in this agreement.
They shall be registered in separate manifests in preparation for the completion of integration procedures.
26.13.3.Moving individuals fit for military service according to the principles and standards stipulated in this agreement to the training centers of the Armed Forces and other regular institutions, in accordance with the agreed timelines.
26.14.Based on the results of inventory and classification of individuals fit for military service and other regular forces, the following shall be undertaken:
26.14.1.Define the number of battalions and units that can be created in accordance with the regulations of infantry battalions and the formations of other regular forces, for the purposes of inventory and classification;
26.14.2.Define the number and ranks of commissioned and non-commissioned officers and soldiers in light of which they will be integrated into the formations and units of the Sudanese Armed Forces and other regular forces according to the agreed criteria and after receiving basic training;
26.14.3.Military training shall take place in the training centers of the Armed Forces and Page 60 of 242
security forces in accordance with the specified period (which shall not be less than
four months), in accordance with the agreed upon timelines and the training centers;
26.14.4.After completing basic military training, graduates shall be integrated into the
formations and units of the Sudanese Armed Forces and security forces according to
the agreed upon principles, criteria, and timelines;
26.14.5.All procedures of Assembly, quartering, inventory, classification, weapons
storage, training, and integration of combatants shall be implemented in accordance
with the specified timetable;
26.14.6.The Parties shall agree on a schedule for the timelines of every activity to be
undertaken in each phase of the Darfur Track security arrangements.
26.15.The number of former combatants who will be integrated into the Sudanese Armed Forces, the Police, and the General Intelligence Services shall be specified in accordance
with the following criteria:
26.16.Criteria for the integration of individuals:
criteria for general eligibility for
integration in military institutions and security services shall be as follows:
26.16.1.Sudanese nationality;
26.16.2.No less than 18 years of age;
26.16.3.Medical and physical fitness;
26.16.4.Not convicted of an offense infringing upon honor and honesty (except those who will be covered by the general amnesty under the peace agreement);
26.16.5.Voluntary consent of the individual.
26.17.Criteria for selecting officers:
in addition to the aforementioned provisions, the criteria for selecting officers shall include the following:
26.17.1.Literacy;
26.17.2.Have not been dismissed from the Armed Forces and other security services due
to incompetence or misconduct.
26.18.Integration Requirements
26.18.1.The Government of Sudan shall ensure the integration of the armed struggle
movements’ forces into the Sudanese military establishment and security services,
according to the agreed timetables, criteria, and principles;
26.18.2.Forces of the armed struggle movements shall be integrated in the military
establishment and other security institutions in accordance with numbers to be
agreed upon later;
26.18.3.Combatants of the armed struggle movements’ forces who are integrated into the
military and security institutions may not go into retirement in the first 6 years of their integration, except as the result of discipline violations and violations of the law;
26.18.4.The Joint High Military Committee for Security Arrangements shall create a technical integration committee to supervise the integration of the former combatants of the armed struggle movements’/Darfur Track forces including undertaking planning, implementation, management, and monitoring of the process.
The committee shall develop a plan for integrating former combatants.
The technical integration committee shall include representatives of the Parties, a representative of the DDR Commission and a representative of a third party.
Chairmanship of the committee shall be rotated between the Parties;
26.18.5.Combatants who have been integrated shall receive training in accordance with Page 61 of 242
the requirements of each unit, while observing the special needs of those individuals.
Extensive training shall be an option given to assist former combatants, especially women, to meet such requirements;
26.18.6.Integrated individuals shall be given four months of basic training, following which, different advanced qualification and technical and specialized courses shall be provided to the units where the integrated individuals have been enlisted;
26.18.7.The Government of Sudan shall pay heed to the special needs of former female combatants of the armed struggle movements, through training and other forms of support;
26.18.8.The Government of Sudan shall provide support, training, and rehabilitation on equal footing to all integrated combatants, males and females.
26.18.9.The Parties agree to facilitate and organize the arrival of the forces of the armed struggle movements to Assembly areas;
26.18.10.Assembly areas shall be agreed on for the purpose of implementing the integration phase in accordance with the timetable to be determined by the Parties as part of this agreement.
27. The Police.
27.1.The Sudanese police force shall be professional national force with no affiliation to any
single party, group, faction, region, or area.
It shall owe allegiance to the homeland.
Joining the force shall be guaranteed for all Sudanese people;
27.2.The police force shall be professional and impartial and work in accordance with laws
and regulations;
27.3.The Parties recognize the need to reform the Sudanese police force to upgrade its
capabilities, enhance its professionalism, and increase its effectiveness;
27.4.The Parties recognize that the Sudanese police shall be a law-enforcement service that is composed and commanded at a national level, operating at state/regional level with the
presence of federal departments that undertake their federal obligations and duties;
27.5.The Parties agree to integrate the number to be agreed upon of the forces of the armed
struggle movements/ Darfur Track in the different departments of the Sudanese police.
27.6.The Parties agree to establish a Joint Police Technical Committee to integrate and accommodate commissioned and non-commissioned officers and soldiers in accordance
with the agreed-upon terms and conditions;
27.7.The Parties agree that forces of the armed struggle movements shall receive the number
of officers in the agreed-upon low-level and senior ranks, professional development, and education in the police force, in accordance with the agreed standards.
27.8.The Joint Police Technical Committee shall be composed of the following:
27.8.1.Representatives of the Sudanese police;
27.8.2.Representatives of forces of the signatory armed struggle movements/ Darfur
Track;
27.9.The Joint Police Technical Committee shall submit its recommendations to the Joint High
Committee for Security Arrangements for approval and adoption and submission thereof to the Joint High Council.
27.10.Duties of the Joint Police Technical Committee:
27.10.1.Receive the agreed list of candidates for integration and accommodation in the
police force;
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27.10.2.Review official identification documents and certificates and conduct the necessary checkups and medical examinations;
27.10.3.Review the terms, criteria, and plans of integration into the police force;
27.10.4.Determine the proposed ranks for the commissioned and non-commissioned
officers;
27.10.5.Recommend enlisting them in police training centers and institutes.
27.11.The state shall provide the necessary logistics and budget;
27.12.The Parties agree to assemble the police forces in the Darfur states/ region to speed up
the integration process.
27.13.During the permanent ceasefire and the transitional period, the police force shall undertake the following functions:
27.13.1.Prevent and combat crime;
27.13.2.Enforce the law, maintain public order, and ensure the safety of money, people,
and public tranquility;
27.13.3.Undertake all internal security operations, including securing strategic and vital
facilities and protecting important persons;
27.13.4.Combat organized and cross-border crime, including terrorism, human
trafficking, illegal migration, drug and weapons smuggling, money laundering, and
electronic crimes;
27.13.5.Combat corruption;
27.13.6.Provide police services, including the civil registry, passports, traffic policing,
and civil defense;
27.13.7.Protect and help IDPs;
27.13.8.Protect families and children;
27.13.9.Ensure the rule of law and bring perpetrators to justice;
27.13.10.Undertake prison sector functions and wildlife protection.
27.14.The Parties shall seek, with the international community, ways to provide technical assistance in police training and capacity building in order to maintain peace and the rule of law.
28. The General Intelligence Service
28.1.The Parties recognize that the General Intelligence Service shall be a national and
professional body whose members may not have any political affiliation or affiliation to a certain group, faction, region, or area.
It shall owe allegiance to the homeland.
Joining the General Intelligence Service shall be guaranteed for all Sudanese people in accordance with applicable criteria and standards;
28.2.The Parties agree to integrate an agreed number of members from the intelligence of the armed struggle movements/ Darfur Track into the General Intelligence Service in accordance with the agreed criteria and standards;
28.3.The Parties agree that the agreed number of officers in low-level and senior ranks from the intelligence of the armed struggle movements shall receive professional development and education in general intelligence, in accordance with the established standards.
28.4.The Parties agree to establish a Joint Intelligence Technical Committee to undertake the task of integrating the individuals of the armed struggle movements/ Darfur Trak into the General Intelligence Service in accordance with the agreed upon criteria.
28.5.The Joint Intelligence Technical Committee shall be composed of the following:
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28.5.1.Representatives of the General Intelligence Service and representatives of the intelligence of the signatory armed struggle movements/ Darfur Track;
28.5.2.The integrated forces of the armed struggle movements/ Darfur Track shall be assembled in Khartoum for the purpose of training;
28.6.The Parties recognize the need to reform the General Intelligence Service with the aim to build its capacity, enhance its professionalism, and increase its effectiveness;
28.7.The General Intelligence Service shall have the following competencies:
28.7.1.Preserve the national security of Sudan, protect its constitution, social fabric, and
the safety of its citizens from any threat, in coordination with other regular forces;
28.7.2.Collect, analyze, and evaluate information related to the security of Sudan and
recommend taking the necessary precautionary measures;
28.7.3.Undertake the necessary search and investigation to reveal any conditions, facts,
activities, or elements that may infringe upon the national security and safety of
Sudan, in accordance with the provisions of the law;
28.7.4.Provide opinions, advice, consultation, and services in the areas of security and
intelligence to the different state apparatuses, so as to ensure the safety and security
of the state;
28.7.5.Uncover threats emanating from destructive activity in the areas of espionage,
terrorism, extremism, conspiracy, and vandalism;
28.7.6.Reveal and combat subversive activities of organizations, groups, individuals,
foreign countries, or Sudanese groups within Sudan and abroad;
28.7.7.Cooperate with counterpart or friendly agencies in exchanging information and
countering terrorism or acts that threaten common order and security or any matter
related to foreign security;
28.7.8.Protect important persons and public facilities and secure cities in coordination
with other regular forces;
28.7.9.Undertake any other functions for which it is tasked, provided that such functions
are not inconsistent with the Constitution.
29. Security Keeping Force in Darfur.
29.1.Creation of a security keeping force in Darfur.
29.1.1.The Parties agreed to establish a security keeping force and its command in Darfur so as to ensure the participation of forces from the armed struggle movements after receiving intensive training within 90 days of the date of the signing of this agreement.
29.2.Legal Framework.
29.2.1.The security keeping force in Darfur shall be subject to Law of the Armed Forces
of 2007, amended in 2013, and the provisions of this Agreement;
29.2.2.The security keeping force shall operate pursuant to the working frameworks that
apply to the Sudanese Armed Forces;
29.2.3.Rules of engagement shall be issued therefor.
29.3.The security keeping force in Darfur shall be composed of the following forces:
29.3.1.Sudanese Armed forces;
29.3.2.Rapid Support Forces;
29.3.3.The Police forces;
29.3.4.Forces of the General Intelligence Service;
and
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29.3.5.Forces of the signatory armed struggle movements.
29.4.Composition
29.4.1.The Parties agree that the security keeping force in Darfur shall be composed of a
twelve thousand-strong force, that may be increased if necessary.
It shall be
distributed as follows:
29.4.1.1.(6,000) individuals from the Armed Forces, the Rapid Support Forces, the
Police, and the General Intelligence Service;
29.4.1.2.(6,000) individuals from the forces of the armed struggle movements.
29.5.Functions of the Security Keeping Force in Darfur.
29.5.1.Undertaking the constitutional, moral, and political responsibility of the
Government of Sudan in protecting civilians;
29.5.2.Filling the potential security vacuum after the departure of the UNAMID forces;
29.5.3.Contribution of the armed struggle movements in maintaining security and
building the trust of civilians;
29.5.4.Supporting civil defense in cases of environmental emergencies and natural
disasters;
29.5.5.Collecting arms and regulating non-licensed vehicles;
29.5.6.Contributing to the combat of organized crime;
29.5.7.Protecting and helping civilians, abiding by international humanitarian law and
international human rights law to end violence threatening life and individuals;
29.5.8.Deploying police forces to secure villages for voluntary return, IDP camps,
confirming their civil status, working to disengage parties to tribal conflicts, securing IDP camps in coordination with the management thereof, and preventing recruitment, especially among children;
29.5.9.Creating an appropriate environment for humanitarian action in areas of return for IDPs and refugees by facilitating and protecting access to national, foreign, governmental, and non-governmental aid organizations;
29.5.10.Supporting and deploying military and police cadres capable of rapid response and deterrence;
29.5.11.Helping to secure a protective environment for civilians through the protection of general prosecution offices, branch police stations, motor and on-foot police patrols, and humanitarian aid convoys;
29.5.12.Preparing the environment for promoting the values of dialogue and peaceful coexistence among tribes and open tracks in areas in which farmers and herders clash;
29.5.13.Providing security for the return of IDPs and refugees and providing security and protection in their areas of return;
29.5.14.Maintaining security and stability in Darfur.
29.6.The security keeping force in Darfur shall operate for a renewable period of 24 months.
29.7.The security keeping force in Darfur shall be treated equally in the administrative and
logistical aspects, as part of the military establishment and security services.
29.8.The command within the security keeping force in Darfur shall be based on military
seniority;
29.9.The security keeping force command in Darfur shall submit its reports to the Joint High
Council;
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29.10.Command of the security keeping force in Darfur shall be headquartered in al-Fashir and it shall be responsible for command and control over the security keeping force in Darfur.
29.11.Tasks of the Security Keeping Force in Darfur.
29.11.1.Coordinating between the Security Keeping Force in Darfur, the security
committees of Darfur states, and the Ceasefire Committee;
29.11.2.Command and control over the security keeping force in Darfur in a sector-based
manner in the Darfur region/states;
29.11.3.Issuing orders and directions to the Force;
29.11.4.Providing the necessary technical and logistical support;
29.11.5.Any other relevant functions.
DISARMAMENT, DEMOBILIZATION AND REINTEGRATION (DDR)
30. Disarmament, Demobilization and Reintegration (DDR) 30.1.Definitions:
30.1.1.Disarmament is the collection, documentation, control, and discarding of small weapons, ammunitions, explosives, and light and heavy weapons from combatants.
They are often collected from civilians as well.
Disarmament involves developing programs and responsibly managing the weapons;
30.1.2.Demobilization is the official dismissal of combatants from armed groups.
The first phase of demobilization may range from demobilizing individual combatants at temporary posts to demobilizing large numbers.
The second includes providing a support package to the demobilized combatants, which is referred to as social reintegration and housing;
30.1.3.Social reintegration is the process through which former combatants receive the status of a civilian citizen and practice a profession or a job to help them secure a permanent stable income.
Reintegration is necessarily a social and economic process with a specific timeframe.
It mainly takes place in communities at the local level and it is part of the general development of the country.
It is a national responsibility and it usually requires foreign assistance in the long run.
30.2.General Principles:
30.2.1.The Parties recognize that the goal of DDR is to contribute to creating a safe
environment, supporting social stability throughout Sudan in the post-Final Peace
Agreement period, especially the war-ravaged areas.
30.2.2.The Parties recognize that the DDR process is complicated and involves political,
military, security, humanitarian, social, and economic dimensions.
The DDR process aims to address post-conflict security problems which may arise as the result of leaving former combatants without livelihoods or support networks, other than their former comrades in arms, during the transition from conflict to peace, and then to development;
30.2.3.The Parties recognize that the DDR program shall be implemented within a comprehensive nationwide process of reconciliation and healing, as part of the peacebuilding and confidence-building measures;
30.2.4.With the help of a UN third party and other UN agencies, the DDR Commission shall develop plans that include timing and sequencing of DDR phases;
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30.2.5.The Parties agree to implement DDR efforts to ensure as much security and stability in Sudan as possible, as well as to provide assistance, training and job opportunities for former combatants in the short and long-terms;
30.2.6.The Parties agree that all DDR processes shall be subject to the general principles herein and all other conditions, requirements, and frameworks included in this agreement;
30.2.7.Reintegration programs shall be designed to be sustainable and include monitoring progress and measures for ongoing support based on the needs defined by DDR mechanisms;
30.2.8.The Parties recognize the necessity, during DDR processes, to meet the special needs of children, women, and disabled persons, as a priority.
The Government of Sudan shall mobilize specific resources and budgets to meet such special needs of the aforementioned groups at all phases of the DDR.
30.3.Structure of DDR Mechanisms.
30.3.1.At the national level:
30.3.1.1.The DDR High Council;
30.3.1.2.The National DDR Commission.
30.3.2.
At the regional level:
30.3.2.1.The Darfur Regional DDR Commission.
30.4.The Parties agree to restructure the DDR High Council and the National DDR Commission within 45 days from the date of the signing of the peace agreement, to ensure the representation of parties to the agreement in the structures of the Council and the Commission.
30.5.DDR High Council.
30.5.1.The Council shall be responsible for developing, supervising, coordinating, and
evaluating DDR policies.
It shall also coordinate with the DDR Commission at the national level.
30.6.[National] DDR Commission.
30.6.1.The Commission shall conduct a comprehensive assessment of needs and
challenges related to DDR at the national and regional levels, including but not limited to, the reintegration of forces of the armed struggle movements and coordination with the DDR High Council;
30.6.2.The Parties shall ensure that the DDR Commission in Sudan is national, independent, and qualified to assume its duties with regard to DDR processes;
30.6.3.The Parties agree to ensure the representation of women in decision-making process related to DDR, to effectively and appropriately meet the needs and interests of women.
30.7.DDR shall be undertaken with care and the process therefor shall proceed as follows:
30.7.1.Raising awareness of and informing commanders and forces affiliated therewith
about DDR and the peace process as well as their roles and responsibilities therein;
30.7.2.The Parties shall decide on eligibility criteria for disarmament of the unintegrated
combatants;
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30.7.3.The Parties shall decide to immediately and unconditionally dismiss and release all combatant children, if any, as well as groups with special needs and former female combatants, provided that they are handed over to the Joint DDR Committee to be reintegrated;
30.7.4.The principles of fairness, transparency, equality, and impartiality shall be observed during the social and economic reintegration of former combatants.
Furthermore, former combatants shall receive equal treatment, regardless of their past affiliation with any of the movements;
30.7.5.Reintegration shall be conducted at a community-level so as to benefit the returnees and local communities;
30.7.6.The Parties agree to implement DDR efforts to ensure as much security and stability in Sudan as possible, in addition to the provision of support, training, and job opportunities for former combatants in the short- and long-terms;
30.7.7.Reintegration programs shall be designed to be sustainable and include monitoring progress and measures of ongoing support based on the needs defined by DDR mechanisms.
30.8.Darfur Regional DDR Commission.
30.8.1.The Parties agree to establish the Darfur Regional DDR Commission within (30)
thirty days of the date of restructuring the National DDR Commission;
30.8.2.The Parties shall agree upon the organizational and functional structure of the
Darfur Regional DDR Commission in accordance with the principles and
regulations governing the work of the National DDR Commission;
30.8.3.The Commission shall develop its own regulations, rules, procedures, and
decision-making processes;
30.8.4.The Regional Commission shall work under the supervision of the National DDR
Commission;
30.8.5.The National Commission and Darfur Regional DDR Commission shall cooperate
and coordinate in the following:
30.8.5.1.
Exchange of information and decisions made by either one.
30.8.5.2.The National DDR Commission may delegate some of its functions to the
Darfur Regional DDR Commission, including collection of data and research.
30.8.6.
Functions and Duties of the Darfur Regional DDR Commission:
30.8.6.1.To conduct a comprehensive assessment of needs and challenges related to DDR for conflict-affected persons in Darfur, including but not limited to, the
reintegration of forces of the armed struggle movements in Darfur Track.
30.8.6.2.To exercise primary responsibility for designing, implementing, managing,
and supervising DDR processes for the war-affected persons in Darfur, especially in relation to the armed struggle movements, in coordination with the National DDR Commission.
30.8.6.3.To develop and implement plans, with the help and advice of a UN third party and any other relevant organization(s), for the content, timing, and sequencing of DDR phases.
The Darfur DDR Commission shall implement such plans after approval from the National DDR Commission, in accordance with this Agreement.
30.8.6.4.To receive manifests of unintegrated former combatants from the Joint High Military Committee for Security Arrangements;
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30.8.6.5.To assist with planning and introducing a budget proposal for the implementation of DDR processes within the agreed timeframe.
30.8.6.6.To urge national institutions to fund DDR processes;
30.8.6.7.To address the status of those who are unfit for military services or who are
unwilling to be reintegrated in accordance with the DDR programs in
coordination with the National DDR Commission;
30.8.6.8.To create sub-committees in the specific areas selected to implement DDR
tasks;
30.8.6.9.To supervise DDR processes in accordance with the timeline;
30.8.6.10.The Darfur Regional DDR Commission shall operate under the full
supervision of the National DDR Commission.
30.8.7.The Darfur Regional DDR Commission shall be composed of the following:
30.8.7.1.(5) representatives of the Government of Sudan;
30.8.7.2.(5) representatives of the armed struggle movements signatory to this
agreement;
30.8.7.3.One representative of a UN third party;
30.8.7.4.Stakeholders and donors.
30.8.8.The Parties shall appoint a commissioner for the Darfur Regional DDR Commission by consensus;
30.8.9.The Parties agree to ensure the participation of women in DDR decision-making processes, to effectively and appropriately meet the needs and interests of women, including the representation of women in the Darfur Regional DDR Commission.
30.8.10.The Commission may seek the help of national and foreign technical experts in accordance with the laws in effect in the country.
30.9.Disarmament and Demobilization Requirements and Processes.
30.9.1.DDR processes shall be conducted in the agreed areas, only with former
combatants who have been verified by the Ceasefire Committee to be affiliated with the forces of the armed struggle movements/ Darfur Track, in accordance with the provisions of this agreement;
30.9.2.DDR processes shall take place in the agreed Assembly areas.
30.9.3.The armed struggle movements/ Darfur Track shall be responsible for
administering former combatants in the Assembly areas, as well as their discipline
and internal security;
30.9.4.The Government of Sudan shall commit to providing the necessary non-military
logistical support and assistance therefor.
The Ceasefire Committee and a UN third party shall undertake the logistics for the disarmament and demobilization processes, including the establishment of Assembly areas.
30.10.Reintegration Requirements and Processes.
30.10.1.All former combatants of the signatory armed struggle movements, willing to
return to civilian life, or those who do not meet the criteria to join security institutions shall be socially and economically reintegrated in the civilian community, as stipulated;
30.10.2.The Government of Sudan, in cooperation with the international community, shall assume primary responsibility for reintegrating former combatants into civilian life.
The Government of Sudan shall fund all reintegration efforts of former combatants;
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30.10.3.To ensure fairness, transparency, and equity when deciding on the eligibility of former combatants to receive the targeted assistance;
30.10.4.Throughout the reintegration processes, former combatants shall be treated equally, regardless of their past affiliations with the armed struggle movements signatory to the Final Peace Agreement.;
30.10.5.Training and information shall be provided for former combatants to enable them to choose their reintegration route voluntarily.
30.10.6.To prioritize addressing socioeconomic reintegration of groups with special needs, such as women, or other women, boys, girls who are linked to the forces of the armed struggle movements, as well as other vulnerable groups such as conflict- affected children, combatants with disabilities, and the elderly, if any;
30.10.7.Reintegration programs shall be designed to be sustainable and include monitoring progress and measures for ongoing support based on the needs defined by DDR mechanisms.
31. Darfur Commission for Security Arrangements.
31.1.The Parties agreed to restructure the current Darfur Commission for Security
Arrangements with five branch offices in the states/region of Darfur and to make use of its capacity to ensure the representation of signatory Parties therein.
It shall supervise and implement security arrangements and introduce the plans and programs necessary therefor, provided that the Parties to this Agreement are members of the Commission.
The chairman of the Commission shall be selected by consensus of the Parties to this Agreement.
32. The Joint Military Media Committee.
32.1.The Parties agree to establish a Joint Military Media Committee upon signing the final
ceasefire agreement, to work together to promote the peace agreement to the community and to create a new spirit between the forces partaking in the reform, development, and modernization of the military and security institutions that include the partners of peace.
32.2.The civilian population shall remain informed about the gradual implementation of the ceasefire provisions through print, visual, audio, and electronic means of media, wherever possible.
REFORM, DEVELOPMENT, AND MODERNIZATION OF THE MILITARY ESTABLISHMENT AND OTHER SECURITY SERVICES.
33. Reform, Development, and Modernization of the Military Establishment and Other Security Services
33.1.Security and Defense Council
33.1.1.The Council shall develop and approve the general plan for the reform,
development, and modernization of the military establishment and security services
and monitor the implementation thereof.
33.1.2.The Parties agree to refer the implementation of reform, development and
modernization of the military establishment and other security services policies and
plans to the Joint High Council.
33.1.3.The Council shall hold periodic meetings, as agreed-upon, to review the
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agreement.
Leaders of the armed struggle movements signatory to the peace agreement that have no representatives on the Council shall be invited to attend meeting of the Council that are focused on instituting policies and plans for the reform, development, and modernization of the military establishment and other security services.
33.2.The Sovereign Council and Council of Ministers
33.2.1.The Councils shall, among other tasks, monitor the implementation of the security
arrangements agreement and provide the necessary resources for the implementation of the agreed plan of reform, modernization, and development.
33.3.Security and Defense Committee in the Transitional Parliament.
33.3.1.The Security and Defense Committee in the Transitional Parliament shall, among
other duties, pay special attention to overseeing the implementation of the security arrangements agreement and the reform, modernization, and development plan for the military establishment and security institutions.
33.4.Areas of reform in the security sector.
33.4.1.Reforming laws and regulations of the military establishment and the security
services;
33.4.2.Dismantling military and paramilitary institutions that are affiliated with the
former regime;
33.4.3.Developing a plan for the reform, development, and modernization of the military
establishment and the security services;
33.4.4.Demographic diversity shall be observed in all formations and units of the military
and security institutions;
33.4.5.Training shall be upgraded, and attention shall be accorded to scientific research as
one of the main tools for the development of self-capacities and develop weapons
and equipment;
33.4.6.The combat doctrine of the Sudanese Armed Forces shall be implemented in
accordance with the training policy and the training conducted thereupon in military institutes, colleges, and training centers.
33.5.The Parties agree on the following:
33.5.1.To reform, develop, and modernize the military and other security services;
build a
single national professional army with a new unified military doctrine that reflects the demographic diversity of Sudan and defends the supreme interests of Sudan composed of all parties to the final security arrangement agreement signed by the negotiating parties in Juba, making the Armed Forces, the Rapid Support Forces, other security services and the armed struggle forces of Darfur Track a single unified regular force that serves the supreme interests of State of Sudan, based on professionalism, without politicization and narrow affiliations;
33.5.2.To maintain and improve the existing bilateral military cooperation with countries in the region and the world in furtherance of mutual interests;
33.5.3.The military doctrine shall be based on the Constitution;
33.5.4.To reorganize units and formations and address any loss of strength;
33.5.5.The reform, development, and modernization of the military establishment and
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short- and long-terms;
33.5.6.Legally-authorized institutions shall enjoy exclusive possession of arms;
33.5.7.To modernize equipment and afford attention to the individual and their working
environment;
33.5.8.To review the strategic deployment of the Armed Forces to ensure defense of the
borders and maintaining the sovereignty of the state;
33.5.9.To introduce the necessary measures to prevent the spread of extremist ideologies
through neighboring countries and the regional environment to Sudan;
33.5.10.To undertake logistic preparation of operation fields including constructing
roads, airports, heliports, marine bases, defense sites, command and control centers,
and water and power sources among other things;
33.5.11.To reform the Sudan Armed Forces to be representative of all people of Sudan, in
their general membership and leadership at all levels;
33.5.12.Sudanese women shall have a leading role in building and defending the
homeland, and to this end, the unified regular forces to be built, developed, and modernized pursuant to the final comprehensive peace agreement shall provide for an important and effective role for women in building these forces, especially in the technical units;
33.5.13.The state shall secure funding for the development and modernization of military and other security institutions;
33.5.14.The government shall fund this process and invite experts from within Sudan and abroad to support this process;
33.5.15.The Parties commit to implementing a comprehensive program for reform, development, and modernization of the military establishment and other security services to improve their capabilities, effectiveness, impartiality, and professionalism and to promote the rule of law, in accordance with acceptable standards.
33.6.The Parties agree to conduct reforms in the middle, short, and long terms in the military institution and security services.
33.7.The Parties shall request technical, material, and financial assistance from the international community to implement this agreement on reform, development, and modernization.
33.8.The Parties agree to address the imbalance in the representation of Darfuri people in the security sector in all military ranks, including commissioned and non-commissioned officers at all levels, by according proportionate representation of population and positive discrimination.
34. Amnesty
The Government shall commit to issuing a general amnesty for the indictments and standing warrants issued against political leaders and members of the armed movements because of their membership therein, after conducting the required legal review by the competent bodies immediately upon signing of the peace agreement.
35. The Mediator, Guarantors, and the UN Peace Mission:
35.1.The Parties agree on the necessity of guarantors and witnesses from among the
international community and the United Nations to ensure the implementation of this agreement.
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35.2.The mediator and guarantors shall undertake the following:
35.2.1.Observe, document, and consistently monitor the implementation of this
Agreement;
35.2.2.Maintain close contact with the Parties to promote the full compliance with the all
provisions of this Agreement and facilitate their efforts to achieve this end;
35.2.3.Undertake plans to provide technical assistance and support for the post-conflict
activities and to oversee them, as well as to establish and operate mechanisms provided for in this agreement, including but not limited to, the provision of capacity building and training, and the provision of resources, experts and consultants;
35.2.4.Evaluate the progress of the implementation process, notify the Parties of any development that may cause delay thereto, and propose appropriate related measures;
35.2.5.Assist in mobilizing the political and material support necessary for the complete implementation of this Agreement.
35.2.6.Any other additional functions as appropriate within the letter and spirit of this Agreement.
36. Final Provisions:
36.1.Annexes and implementation schedules shall be part of this Agreement after their
adoption by the Parties and before signing it.
36.2.This agreement shall be implemented according to the implementation matrix.
36.3.The Parties agree that all criteria for integration and security arrangements agreed to in
the Darfur Track shall apply to other movements signatory to this agreement.
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TITLE 3.
TWO AREAS TRACK AGREEMENT BETWEEN
THE TRANSITINOAL GOVERNMENT OF SUDAN AND
SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE REVOLUTIONARY FRONT
CHAPTER 1:
AGREEMENT ON THE PROVISION OF HUMANITARIAN ASSISTANCE AND CESSATION OF HOSTILITIES FOR THE TWO AREAS
Preamble
The Transitional Government of Sudan and the Sudan People’s Liberation Movement–North / Sudan Revolutionary Front, referred to hereinafter as the Parties,
PURSUING the aspirations of the Sudanese people, and implementing the Juba Declaration for confidence building measures paving the way for negotiation and the Political Declaration between the Transitional Government of Sudan and the Sudan Revolutionary Front signed on 21 October 2019;
TAKING INTO CONSIDERATION that the humanitarian plight of the civilians, internally displaced persons (IDPs), and refugees is a priority, and that peace is one of the pillars for change and an important step towards political, economic, and social transformation;
INTENDING to alleviate the suffering of the Sudanese people who have suffered the catastrophic result of the wars that have deprived them of their resources and brought them nothing but death and destruction.
Hereby the two Parties agree on the following:
Objectives of the Agreement
1. This Agreement is considered to be a binding framework for the two Parties throughout all forthcoming political negotiations for the Two Areas, leading to a comprehensive peace agreement for Sudan.
2. This Agreement incorporates the cessation of hostilities, which will be developed subsequently into a permanent ceasefire in accordance with final security arrangements, which shall be
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agreed upon.
3. Providing for a path forward for achieving durable peace for the Two Areas in a manner that promotes and complements the efforts for the successful completion of a just, comprehensive, and durable peace for all of Sudan and a transition from the oppression of the Former Regime to a democratic new Sudan, based on citizenship without discrimination;
4. The cessation of hostilities provided for in this agreement aims at guaranteeing the unhindered access to humanitarian assistance, which shall be developed into a permanent ceasefire in accordance with final security arrangements.
5. Creating an environment conducive for the safe and voluntary return of internally displaced persons (IDPs) and refugees to their homes.
6. Alleviating the suffering of the people in the Two Areas through immediate humanitarian action to those who are in need, as well as through long-term political and social transformation.
Principles of Humanitarian Action
7. The Parties confirm that all humanitarian actions for the Two Areas shall be undertaken in accordance with the international humanitarian law and all applicable and relevant standards, and best practices, as well as all relevant international mechanisms.
8. The Parties confirm that all humanitarian action for the affected civilians in the Two Areas shall respect the dignity of beneficiaries, the guiding principles of UNGA Res.
46/182, and the humanitarian principles of humanity, impartiality, neutrality, and independence.
9. The Parties guarantee the free movement and safety of civilians to and from the areas controlled by each party.
Humanitarian Access
10. In accordance with the above principles, the Parties shall permit and facilitate the comprehensive provision of immediate, full, and unimpeded humanitarian access to all the conflict-affected areas and persons of the Two Areas, without discrimination.
11. The Parties commit to respecting and protecting humanitarian relief personnel and objects used for relief operations, and agree to refrain from attacking, harassing, intimidating, or detaining personnel, as well as to refrain from attacking, destroying, misappropriating, or looting relief supplies, installations, material, units, or vehicles operating in the humanitarian action.
12. Humanitarian access shall be guaranteed throughout the conflict-affected areas controlled by the SPLM/A-N/ SRF, without prejudice to national sovereignty, including through safe and unhindered multiple access corridors for all humanitarian personnel, supplies, and equipment.
13. Humanitarian access and delivery of aid shall be facilitated through both cross-line and cross- border corridors, where it is appropriate.
14. The precise formula for cross-line and cross-border aid delivery shall be decided by the Page 75 of 242
tripartite Joint Humanitarian Committee (JHC).
15. The Parties shall seek protection and assistance from relevant third parties, the Republic of South Sudan, and international organizations or humanitarian organizations for the purpose of facilitating both cross-line and cross-border aid delivery and access.
16. Humanitarian access will be subject to the control of the Parties for their respective areas of control, but in no circumstance may humanitarian access be withheld or constrained unilaterally or for unjustified reasons.
Joint Humanitarian Committee (JHC)
17. Within a period of no later than seven (7) days of the signing of this Agreement, the Parties shall establish a Joint Humanitarian Committee (JHC), which shall be facilitated by the Mediator.
18. The Parties agreed upon a comprehensive mandate for the tripartite JHC, which must include the following competencies:
18.1.Coordinating the delivery of humanitarian assistance in the affected areas in need in the
Two Areas, with each party having responsibility within their respective area of control;
18.2.Monitoring, assessing, and reporting about the provision of humanitarian assistance to the affected populations in the Two Areas, with each party having responsibility within their
respective area of control;
18.3.Undertaking humanitarian action necessary to support the resettlement and rehabilitation
of the IDPs and refugees;
18.4.Making humanitarian arrangements related to the security, livelihood, and safe movement
of nomads, particularly with regard to their presence in or movement through conflict-
affected areas;
18.5.Helping UN agencies and international and national organizations to develop a plan for
demining the Two Areas and removing explosive remnants of war in the Two Areas each
party in their respective areas of control.
18.6.Helping to alleviate competition over resources and pastoral pathways that could help the
humanitarian action, including promoting peaceful relations between herders and farmers;
18.7.Developing programs for promoting rehabilitation, social integration, and capacity-
building in conflict-affected areas;
18.8.Coordinating, as appropriate and agreed upon by the Parties, with relevant entities
undertaking humanitarian action in other areas of Sudan.
18.9.Arranging for the provision of legal and psychological support to vulnerable and conflict-
affected persons;
18.10.Creating a mechanism for transitional justice and healing processes that address the
humanitarian challenges that have negatively impacted the Two Areas;
18.11.Adopting a joint plan of action for providing humanitarian assistance and implementing
its mandate within seven (7) days of its establishment.
18.12.Conducting a Joint Assessment Mission (JAM) in the areas controlled by the two parties
to comprehensively assess the needs of the people in the conflict-affected areas, and the JAM assessment shall be completed within fourteen (14) days of the establishment of the tripartite JHC.
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19. The Parties commit to updating the JHC’s mandate and plan of action, as necessary, based on the outcomes, findings, and experience of the Joint Assessment Mission (JAM).
20. The Parties shall convene a humanitarian conference to be attended by national, regional and international actors to develop long-term measures to improve the humanitarian situation for all conflict-affected areas in Sudan.
Mechanism for Monitoring Cessation of Hostilities in the Two-Areas
21. The Parties shall form a mechanism for the cessation of hostilities in the Two-Areas composed of three representatives from each Party chaired by the representative of the Republic of South Sudan.
22. The monitoring mechanisms shall be flexible and in keeping with prevailing mood of partnership and common purpose through the following measures:
22.1.The Mechanism for Monitoring Cessation of Hostilities will be composed of three
representatives from each Party and chaired by the Republic of South Sudan, and its headquarters will be based in Khartoum with joint working teams in Kadugli and el- Damazin.
22.2.The joint working teams are composed of a representative from each Party and chaired by the third Party, and it will be based in Kadugli and el-Damazin.
22.3.The monitoring teams mentioned above shall be formed within seven (7) days from the date of the signing of this Agreement;
22.4.In the instance of any violation of the cessation of hostilities, the monitoring committee shall be informed and it shall investigate, and take necessary actions.
22.5.The Parties shall adopt the customary ground-rules for the cessation of hostilities relating to the deployment of forces and operational supplies, etc.
Final provisions
23. This Agreement shall enter into force and become binding upon its signature.
24. This Agreement shall remain in force from the date of its signing until a comprehensive peace agreement is reached, and it shall form an integral part of that agreement.
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CHAPTER 2:
FRAMEWORK AGREEMENT FOR THE TWO AREAS OF BLUE NILE AND SOUTH KORDOFAN / NUBA MOUNTAINS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND THE SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / SUDAN REVOLUTIONARY FRONT (SRF)
Preamble
The Transitional Government of Sudan and the Sudan People’s Liberation Movement– North/Sudan Revolutionary Front, referred to henceforth as “the Parties”,
INSPIRED BY the spirit of the glorious December 2018 Revolution and specially the ongoing transitional process in Sudan, particularly the continued efforts to achieve durable peace and comprehensive political transformation through a civilian-led transitional process, including the adoption of the Constitutional Declaration, the signing of the Juba Declaration (Annex 1) and the Political Declaration (Annex 2), and the commencement of negotiations for peace;
RECALLING the efforts exerted towards a democratic, inclusive nation-state for all Sudanese and the commitment to transitional governance provided for in the Constitutional Declaration;
DEEPLY CONSCIOUS of the immense suffering of the peoples of the Two Areas and of all of Sudan, and recognizing especially the great hardship inflicted on refugees, internally displaced persons (IDPs), women, children, the elderly, and all marginalized and conflict-affected communities;
NOTING WITH DEEP CONCERN the urgent need to undertake speedy plan of action to address the humanitarian crisis in Sudan in general and the Two Areas in particular and to provide for emergency relief operation to rescue the immediate situation and to provide for rehabilitation and recovery, protection, and voluntary return of IDPs and refugees;
CONFIRMING the urgent need for a just peace and comprehensive political settlement that enables us to address the root causes and consequences of the conflicts in the Two Areas, as part of a comprehensive process for all of Sudan;
RECOGNIZING the changes that have taken place in Sudan as a result of the glorious December 2018 Revolution and the critical role played by women and youth therein, who made achieving of peace one of the fundamental demands of the Sudanese people;
FULLY AWARE of the need to establish a new system of governance for Sudan and the Two Areas in particular, which requires the abolition of the old system and the mechanisms that empowered the former regime;
MINDFUL that Sudan’s history has shown that peace cannot be achieved without Page 78 of 242
democratization and that democratization cannot be achieved without peace;
RESOLVED to seize the present opportunity to link organically together a just peace, citizenship without discrimination and democracy by ending all the current wars in the Two Areas and all parts of Sudan in synchronization with a genuine democratic transformation based on the pillars of a just peace and citizenship without discrimination;
CONVINCED that Sudan’s internal conflicts are fundamentally political in nature and thus can only be resolved by addressing their underlying root causes, including in particular the issues of citizenship without discrimination, land ownership and use, economic and political divisions between the center and periphery of Sudan, and systematic social, economic, political, and cultural marginalization of certain groups and areas of Sudan;
REMEMBERING the historical plight and past injustices suffered by the people of the Two Areas, when it was part of the closed district system, as well as its later experience of two wars under successive national governments;
RECOGNIZING that peace in the Two Areas can only be achieved by fulfilling the aspirations of its people by guaranteeing positive discrimination and special security arrangements for the Two Areas within the framework of the security arrangements in Sudan;
MINDFUL of the reality that the Two Areas are rich in, and characterized by, cultural and religious diversity and that there is a need to respect and protect this diversity as an integral part of this Framework Agreement;
STRESSING that achieving a durable peace for the Two Areas is organically linked to building a robust foundation for transitional governance and democratic transformation in Sudan, which requires the achievement of a comprehensive, inclusive, and just peace for all Sudanese;
UNDERLINING the need to address the particularities of the Two Areas, especially in relation to the political and security arrangements, during the ongoing transitional period, which will lead to final arrangements for the Two Areas and a peaceful settlement to the conflict;
DETERMINED to establish and maintain a balanced relationship between the Two Areas and the national government that will provide the Two Areas with a decentralized system of governance guaranteeing the right of the people of the Two Areas to preserve their cultures, religions, identities, and diversity within the framework of a united Sudan;
RESOLVING to move forward a process for peace and political transformation for the Two Areas as part of a comprehensive transitional process to build a new national democratic system that is built upon citizenship without discrimination and unity in diversity in Sudan and guarantees the participation of all Sudanese regardless of their religion, ethnicity, culture, or gender.
Based on the above, the two Parties hereby commit to adhere to the provisions of this Agreement both in letter and in spirit.
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Objectives of this Agreement
GENERAL PROVISIONS
1. The objective of this Agreement is to serve as a binding framework to which the Parties shall adhere throughout all peace and political negotiations for the Two Areas as part of Sudan’s during the transitional period, aiming to achieve a just, comprehensive and sustainable peace agreement and a permanent constitution for Sudan.
2. Realizing peace in the Two Areas in a way that consolidates and complements efforts to achieve a just, comprehensive and durable peace in all parts of Sudan and a transition from the oppression of the former regime to a new democratic Sudan.
3. Creating an environment conducive for the safe and voluntary return of refugees and internally displaced persons to their original homes in the Two Areas.
4. Alleviating the continued suffering of the people in the Two Areas through immediate humanitarian action, reconstruction and sustainable development, as well as through a process of long-term political, social, and cultural transformation.
5. The Parties shall have equal status and be equally bound by this Agreement, and the principles of equity and parity shall guide the interpretation and implementation of this Agreement in a way that achieves the goals of this agreement and the Final Peace Agreement.
Entry into Force and Duration of the Agreement
6. This Agreement shall enter into force and be valid and binding upon the Parties from the date of its signature and shall be part of the Final Peace Agreement.
7. This Agreement shall remain in force throughout the transitional period, as provided for in the Constitutional Declaration of 17 August 2019.
DECLARATION OF PRINCIPLES AND COMMITMENTS
Declaration of Principles
8. The Parties affirm that the interpretation and implementation of this Agreement, as well as all aspects of the related peace and political processes that are part of the transitional period provided for in the Constitutional Declaration, shall be informed by the following principles:
8.1. Maintaining the unity of Sudan’s people and territory through transformation to a new
system of just and good governance as the basis for a peaceful exchange of power in
Sudan.
8.2. Democracy, civilian leadership, decentralization, the rule of law, and peaceful transfer of
power shall be the basis for governance in Sudan.
8.3. The Sudanese people are the source of power and sovereignty.
The Government shall be
accountable to the Sudanese people at all its levels and in respect of all its functions.
8.4. Citizenship without discrimination is the basis for all civil, political, social, economic, and
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cultural rights and duties.
8.5. Building a decentralized state that is based on systems of equitable power-sharing and
wealth- sharing, and that recognizes the need for positive discrimination for marginalized and conflict- affected persons, communities and areas, is essential for durable peace, stability, and good governance.
8.6. Justice, accountability, transitional justice and reconciliation are fundamental for ensuring durable peace and security in Sudan, including through mechanisms based on the customs, culture and heritage of the Sudanese people.
8.7. Ending impunity for perpetrators of crimes and violations and bringing justice for victims are necessary for building a process of national reconciliation and healing.
8.8. Mechanisms of justice, accountability, transitional justice and reconciliation in Sudan are founded upon respect for the rule of law, international human rights charters and international humanitarian law.
8.9. The right of victims to have unhindered access to effective justice and redress mechanisms, especially the right to immediate redress for injustices and to compensation, are fundamental rights
8.10.All Sudanese indigenous languages are considered national languages that should be respected, promoted and celebrated equally.
8.11.Political pluralism and the right of assembly, including the formation of political parties, trade unions, and other organizations, are the basis of good governance and political participation in Sudan.
8.12.Legal reform and rebuilding and developing the legal and justice system shall ensure judicial independence and the rule of law.
8.13.The Bill of Rights referred to in the Constitutional Declaration of 2019 is a contract between all the people of Sudan and their governments at all levels by which they commit to respect human rights and fundamental freedoms.
This is considered the bedrock of citizenship without discrimination, social justice, equality and democracy in Sudan.
8.14.All rights and freedoms included in international and regional human rights agreements, treaties and charters ratified by the Republic of Sudan are integral part of this Agreement.
8.15.Promoting transparency and guaranteeing freedom of access to information for all citizens on the basis of equality and expanding its practice to all activities of transitional governance, the peace process and all other activities related to the political transition,
without compromising constitutional rights as regulated by law.
8.16.The Parties commit to review the Comprehensive Peace Agreement of 2005 with regard
to the Two Areas.
8.17.One of the most important goals of the transitional period in Sudan is building an
integrated constitutional process to establish and draft a new democratic constitution for Sudan that safeguards all rights and freedoms for all Sudanese people, drawing upon lessons from Sudan’s history, including relevant provisions from the Bill of Rights in the Constitutional Declaration and other relevant sources of law and policy in Sudan.
9. Commitments of the Parties
9.1. This Framework Agreement shall be part of the Final Peace Agreement, which shall guide
be by it and implemented according to it’s the provisions.
9.2. The Parties shall engage in all genuine efforts for peace and political transformation in
Sudan including the Two Areas as part of a comprehensive process of political transition
in Sudan.
9.3. Implementation, upholding and protection of the outcomes of Sudan’s transitional period,
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including peace agreements that will be reached and what will emerge from this process
for creating a permanent constitution for Sudan.
9.4. Holding the National Constitutional Conference before the end of the transitional period,
as provided for in the Constitutional Declaration.
10.
Humanitarian Action
The Agreement on humanitarian assistance and a cessation of hostilities in the Two Areas of Blue Nile and South Kordofan / Nuba Mountains signed by the Transitional Government of the Republic of Sudan and the Sudan People’s Liberation Movement – North / Sudan Revolutionary Front on 17 December 2019 (Annex 3) shall be considered an integral part of this Agreement.
SECURITY ARRANGEMENTS
General Principles for Security Arrangements
11. The Revolution and change that took place in Sudan is a great opportunity to build all the institutions of the Sudanese state, starting with the military and security sector, which is playing an important role in Sudan both now and will continue to do so in the future, and to achieve a democratic civilian system of governance.
Building a new system will require creating and developing one professional national army that reflects the diversity of Sudan and the interests of all Sudanese and with a new military doctrine that is not subject to politicization from any party.
The ultimate goal of the new final security arrangements in all negotiation tracks should be the building of one national professional army and a united military and security sector.
12. The restructuring and reform of the economic sector and the political system depends, to a large extent, on the building and modernization of the military and security sector.
13. Taking into consideration the collapse of the security sector in a number of countries in the region and beyond and its negative impact on regional and international security which require the speedy structuring, modernization and development of the security and military institutions in Sudan in accordance with the national will.
It is important to have the support the regional and international community without prejudice to the sovereignty and security of Sudan in accordance with the Constitutional Declaration and the Final Peace Agreement.
14. The regular forces, the Sudan Armed Forces, the Rapid Support Forces, and the revolutionary forces in the armed struggle, contributed a lot to the change which happened in Sudan through the glorious December Revolution.
The challenges facing Sudan and the need to complete the Sudanese Revolution require structuring, developing, reforming and modernizing the military and security sector in Sudan and the building of one professional national army that is capable of protecting the national interests of the country.
This is one of the main goals of the final security arrangement in accordance with the Constitutional Declaration and the Final Peace Agreement.
15. The process of comprehensive security arrangements in the Two Areas and Sudan shall be implemented according to timetable and period agreed within the framework of building a
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single professional Sudanese army.
16. The Parties commit to continue negotiations to reach a detailed agreement about a permanent ceasefire and final security arrangements for the Sudan People’s Liberation Army – North / Sudan Revolutionary Front, corresponding to all the provisions, texts and principles of this Framework Agreement and this will be part of the agreement on final security arrangements.
17. Implementation of the agreement on final security arrangements will include an Independent Commission for Disarmament, Demobilization and Reintegration (DDR).
This will have branches in the Two Areas to carry out its tasks and include representatives of the Parties to the security arrangements.
18. When a permanent ceasefire and final security arrangements have been agreed and signed as part of the peace agreement, the Parties commit to engage with the armed groups which have not signed these agreements and encourage them to join the peace process in Sudan.
19. The Parties agree to make appropriate security arrangements for all forces of the Sudan People’s Army- North / Sudan Revolutionary Front to be integrated inside the Two Areas according to the standard DDR procedures.
20. The Republic of Sudan will have a single national professional army that works according to the Constitutional Declaration, including the Final Peace Agreement to be signed by the two Parties.
21. A durable and final peace process requires comprehensive security arrangements in Sudan and the Two Areas for the sake of achieving peace, democracy and stability in Sudan.
22. The Parties will agree on detailed procedures for a permanent ceasefire and final security arrangements for the Two Areas, corresponding to all the provisions, texts and principles of this Agreement and in a way that complements the peace agreements covering the whole of Sudan and the process of ongoing political transition.
23. The security arrangements are organically linked to implementation of the political agreement.
24. The Parties will agree on a permanent ceasefire in the Two Areas covering the following:
24.1.The Parties will seek to achieve a final settlement of the conflicts in the Two Areas as
part of a settlement of all the conflicts in Sudan.
24.2.The permanent ceasefire will include provisions on oversight and implementation.
25. The security arrangements in the Two Areas shall include the following:
25.1.Detailed provisions regarding sequencing and deadlines for completing the security
arrangements process.
25.2.The Sudan People’s Liberation Army- North / Sudan Revolutionary Front and its other
security institutions should shall be integrated into a single national professional army and other regular forces, according to recognized professional standards and benefiting from previous experience.
25.3.The Sudan Armed Forces should be loyal to the nation and not to any party, group, faction, entity or particular area and should be professional, national, independent and able to protect Sudan against national security threats.
25.4.The armed forces should reflect the diversity of Sudan.
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25.5.The armed forces should be committed to the protection and provision of national security for the whole of Sudan in accordance with the Constitution.
25.6.The armed forces and the security institutions should operate during the transitional period in accordance with the Constitutional Declaration and the Final Peace Agreement and they should be answerable and accountable before the law.
25.7.The armed forces should uphold the standards of national and international law and should play a role in contributing to international and regional peace and security.
26. The Parties shall agree on integration and DDR arrangements for combatants from the Sudan People’s Liberation Army - North / Sudan Revolutionary Front and its other security institutions according to a program for DDR and an agreement on security arrangements including detailed provisions for sequencing and specified timelines for the completion of DDR in accordance with a timeframe to be agreed between the Parties.
27. The Parties shall agree on the procedures required to support implementation of the objectives and provisions of the agreement on security arrangements.
28. The Parties shall agree on the implementation of the agreed security arrangements under the supervision of a high committee and subsidiary joint committees to be agreed upon between the two Parties in the presence of the mediation led by the Republic of South Sudan.
29. After achieving final peace and completing the processes for security arrangements (integration plus DDR processes), the Parties shall agree on completing the reorganization of the military and security institutions within a program of reform and structuring of state bodies in accordance with the Constitutional Declaration and the Final Peace Agreement.
Issues related to internal security
30. First – the police.
When implementing the security arrangements agreement for guaranteeing the achievement of security and stability, the federal and regional / state police will carry out their respective duties in accordance with national and international standards and will work to:
30.1.Preventing and fighting all types and forms of crime and fighting organized and trans- boundary crime, including fighting terrorism, drugs, cyber-crime, arms smuggling, corruption, money-laundering and other related crimes.
30.2.Maintaining public order, security, peace and tranquility according to the Constitutional Declaration and the Final Peace Agreement.
30.3.Carrying out all internal security operations, including securing strategic and vital institutions, protecting VIPs, fighting smuggling and protecting state resources.
30.4.Providing all police services including civil register, immigration and traffic services for all citizens in the Two Areas.
30.5.The police force should be professional and loyal to the nation, not to any party, group, faction, entity or area in accordance with the Constitutional Declaration and the Final Peace Agreement.
31. The police arrangements and institutions shall be treated as part of the governance system arrangements and will be linked to the governance system that will be determined by the Constitutional Declaration and the Final Peace Agreement and the police will be a regular civilian service.
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32. Second – the General Intelligence Service.
The General Intelligence Service is a regular institution dedicated to national security in the whole of Sudan and abroad and its competencies should be limited to the collection and analysis of information and its presentation to the competent authorities.
It should be structured within the framework of the military and security sector and the law will determine its duties in accordance with the Constitutional Declaration and the Final Peace Agreement.
32.1.The General Intelligence Service should be a professional institution reflecting the diversity of Sudan, including the representation of the population of the Two Areas and Sudan.
32.2.The General Intelligence Service should be loyal to the nation and not to any party, group, faction, entity or area.
Command and Control
33. The command and control committees and mechanisms should be composed of the following five levels:
33.1.The high-level joint military committee for security arrangements.
33.2.The joint ceasefire committee.
33.3.The joint military committee on the field.
33.4.The joint DDR committee.
33.5.Any mechanism to be agreed upon between the parties.
34. The Parties shall agree on the details, duties and tasks of the command and control mechanism.
ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS
35. The Parties are committed to prioritizing the issues related to the particularities of the Two Areas within the national peace process.
36. In order to address the root causes and the consequences of the armed conflict in the Two Areas, heal the wounds of the past, dismantle the institutions and policies of the former regime, and alleviate the suffering of the people of the Two Areas as part of a comprehensive, inclusive, and just peace and political process for the whole of Sudan, the Parties commit to prioritizing those issues that have a particularly significant impact on the Two Areas and their people, especially those identified in this Agreement.
37. The Parties commit to reviewing and designing a program for addressing land issues in the Two Areas, including ownership, land usages and compensation relating to land expropriation, which will be implemented during the transitional period.
37.1.The task of resolving land issues in the Two Areas shall be handled by the competent
national and local authorities, in effective participation by local communities within the
Two Areas.
37.2.The Parties agree that the constitution of Sudan must include provisions ensuring that
national projects related to land issues in the Two Areas be designed and implemented in consultation and agreement with the governing authorities of the Two Areas and the federal government.
38. The Parties commit to establishing a Commission for the voluntary return and resettlement of Page 85 of 242
IDPs and refugees in the Two Areas, and to enable and promote their return to their lands and integration into their communities, according to international standards.
39. The Parties commit to establishing a national fund to rehabilitate and develop the conflict areas in Sudan, giving special priority to the Two Areas.
The Parties shall determine the structure, scope, mandate, oversight, and implementation of this fund within the framework of the comprehensive peace agreement.
40. The Parties agreed to allocate a percentage – to be agreed between the Parties - of the revenue from the different resources in the Two Areas, to expenditure on reconstruction and development of the Two Areas for a certain period and a fixed percentage should remain there after this period for the development of the Two Areas as part of the new perspective for creating balanced development and governance in Sudan.
41. In issues of peacemaking, particular attention will be paid to women and the harm that has happened to them caused by the war and also a mechanism will be established to take care of the families of the martyrs, the injured and those with special needs in the Two Areas.
42. The Two Areas shall enjoy special powers and competencies, including the right to legislation within the framework of decentralized governance (whether federal or autonomous) within a framework of a united Sudan and the two Parties shall agree on the nature of the governance system in the Two Areas in a manner that addresses historical injustices and the root causes of the war and strengthens the unity of Sudan.
Representation of the Sudan People’s Liberation Movement - North in the transitional government institutions in the Two Areas
43. The Parties agreed to determine the percentages of representation in the legislative and executive levels in the Two Areas in a way that achieves the objectives of just peace and this issue will be addressed in the Political Committee.
Women will also have a 40% share of representation in the legislative and executive bodies.
ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS SOUTH KORDOFAN / NUBA MOUNTAINS
44. It is important to rely on Strategic planning for education.
45. The Parties should commit to adopt new educational policies to be put in place as soon as possible for South Kordofan / Nuba Mountains, which should specifically cater for the ethnic, religious, and cultural diversity of the region, by:
45.1.Establishing educational policies that cater to the ethnic, religious, and cultural diversity
in the region/state.
45.2.Ensuring that pre-primary and primary education in the region / state shall be compulsory
and free in the region/state.
45.3.Rehabilitating and rehabilitation of primary and secondary schools, including the
reestablishment of boarding schools.
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45.4.Establishing and developing universities, specialized colleges, and vocational training institutes in the region/state that suit the region / state's needs in accordance with the higher education policy.
46. The Parties commit to paying particular attention to promoting the economic reconstruction and development of South Kordofan / Nuba Mountains by:
46.1.Establishing specialized research centers focused on the development of the region / state.
46.2.Rehabilitating agricultural and industrial projects in the region / state.
46.3.Rehabilitating the agricultural and industrial institutions that were established in the rural
areas of South Kordofan / Nuba Mountains in the past, including institutions, agricultural projects, factories and others, according to new feasibility studies and a review of their ownership and assets, taking into consideration agricultural and industrial development as a means to eliminate poverty in the countryside and the organic linkage between rural and urban areas as the paradigm shift in the development model.
46.4.Developing a sustainable program to promote rural industries and small-scale industries in the region / state.
46.5.Allocating sufficient financial resources to develop and maintain the region / state’s infrastructure, particularly roads and bridges to link the production areas and the markets.
46.6.Developing the local media and encouraging them to use the indigenous languages of the
region / state.
46.7.Reviewing the contracts of all companies in the region / state, with the purpose of ensuring
that they serve the public interest.
47. The Parties commit to ensuring the provision of basic services for the people of South Kordofan / Nuba Mountains by:
47.1.Rehabilitating and establishing hospitals and health centers to provide primary health care
services.
47.2.Ensuring healthcare for mothers and infants.
47.3.Providing free primary healthcare in localities and villages.
47.4.Training healthcare personnel in the region / state.
47.5.Building reservoirs and small dams for the provision of clean water.
48. The Parties commit particularly to remedying the environmental damage suffered by the people of South Kordofan / Nuba Mountains by:
48.1.Compensating persons who suffered loss or damage to their lands or property due to the
actions of oil and mining companies, particularly in the gold mining sector.
48.2.Reviewing all compensations previously awarded to assess whether they were
commensurate with the actual loss or damage suffered by those concerned.
48.3.Addressing the negative side-effects of gold and oil mining companies established by the former regime on humans, animals, and the environment of the region, and finding the
necessary remedies.
49. The Parties commit to addressing the particular issues that relate to ownership and land usage because these are of special importance to South Kordofan / Nuba Mountains by:
49.1.Committing to address issues of land ownership in South Kordofan / Nuba Mountains.
49.2.Reviewing land ownership contracts and contracts for road construction in the region /
state.
49.3.Establishing local mechanisms to resolve conflicts between farmers and nomads.
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49.4.Reviewing customary routes of access for nomads and providing homesteads and clean water.
49.5.Adopting development policies for herders, resettling nomads and providing clean water and services for them in accordance with community customs.
49.6.Reviewing and addressing the issues of borders in the region, especially the borders between South Kordofan / Nuba Mountains and West Kordofan.
ISSUES OF SPECIAL IMPORTANCE FOR THE TWO AREAS BLUE NILE
50. The Parties commit to ensuring that the administration and management of the natural resources of Blue Nile shall be under the authority of the federal government and the Blue Nile regional / state government and all the revenues generated from natural resources should be distributed between the regional / state government and the central government in accordance with the provisions of this Agreement and with the following requirements:
50.1.A certain percentage of the revenues from the Roseires Dam and other revenues from natural resources present in the area shall be allocated for the development of the region / state.
50.2.The Parties agree that the transitional government of Sudan shall return all the lands that were taken away from the administrative authority of the Blue Nile region / state, in particular the Northwest triangle of Eastern Agadi and the Dinder National Park in a way that protects the interests of humans, fauna and flora, and biodiversity, natural resources of the park once it is proven it belongs to the Blue Nile region / state.
51. The Parties commit to prioritizing the reconstruction and rehabilitation of the Blue Nile region / state economically and developmentally by:
51.1.Building irrigation schemes using water of the Roseires dam for agricultural projects in
the region / state.
51.2.Providing access to electricity for the local population of Blue Nile region/state at low
prices.
51.3.Providing compensation for those who were negatively affected by the construction and
heightening of the Roseires Dam in the Blue Nile region / state.
52. The Parties need to rectify the historic lack of representation of the residents of the Blue Nile region / state in the governance structure of Sudan through positive discrimination in the federal government and national civil service.
53. The Parties commit to prioritizing issues of land ownership and land usage in the Blue Nile region / state by:
53.1.Reviewing all contracts, decrees of concessions and allocation of land in the region / state.
53.2.Reviewing customary routes of transhumance, services and homesteading for nomads.
53.3.Securing transhumance routes for nomads and working for their settlement in accordance
with customary laws and norms.
53.4.Reviewing contracts and mining concessions in the Blue Nile region / state, particularly
those for chrome, gold and asbestos, and remedying the shortcomings in contracts, their
environmental impact, the compensation and rights of the region / state, as stipulated in the provisions of resource-sharing for the Two Areas.
The future status of the Two Areas in light of this Framework Agreement
54. The Parties agree that there is a close link between peace issues and political transformation processes in the transitional period in Sudan.
55. The Parties agree on the principle of coordination between the agreements which will be reached on the other negotiation tracks in support of the final peace and political transformation for all Sudan.
56. The provisions and texts of this agreement shall be an integral part of the Final Peace Agreement and of the Constitutional Declaration.
It is binding and its implementation is mandatory.
Confidence-building measures for implementation
57. The Parties commit to immediate implementation of confidence-building measures, including the following:
57.1.Continued implementation of unrestricted and unconditional delivery of relief and humanitarian aid from within and outside of Sudan, as provided for in the Agreement on humanitarian assistance and cessation of hostilities signed on 17 December 2019.
57.2.Establishing a Commission for IDPs and refugees for the Two Areas within the National Commission to oversee and facilitate their voluntary return and resettlement in the Two Areas, and to assist in their reintegration into their original lands and communities.
57.3.Establishing a Land Commission for the Two Areas within the National Commission to oversee, monitor, and guarantee the restitution of land that was expropriated without justification to its owners or the awarding of just compensation for it.
57.4.Establishing a Reconstruction and Rehabilitation Fund for the Two Areas with the full participation of all the peoples of the Two Areas in management and reconstruction.
This Fund should be part of the National Reconstruction and Rehabilitation Fund for the war- affected areas in Sudan.
57.5.Achieving detailed political and security arrangements for the Two Areas that ensures the fair and effective representation of the Two Areas.
Requirements for Concluding a Process for Achieving Durable Peace and Political Transformation
58. 58.
The Parties agreed on achieving sustainable, inclusive and comprehensive peace in accordance with the framework provided in this Agreement, and particularly the following sequencing requirements:
58.1.The Parties shall commit to create the conditions and conducive environment necessary
for political transformation and sustainable peace in the Two Areas, as stated in the
provisions of this Agreement.
58.2.The Transitional Government of Sudan shall commit to convening the Constitutional
Conference after reaching a comprehensive peace and before the end of the transitional
period.
58.3.The Constitutional Conference shall be convened with the participation of all the real stakeholders to agree a permanent constitution for Sudan which guarantees fundamental democratic rights, above all, the right to citizenship without discrimination, and answers the historic question of how Sudan should be governed before deciding who should govern Sudan.
58.4.The Constitutional Conference shall address, among other issues, the relationship between religion and state, and shall resolve this issue in a manner that is in accordance with the right of citizenship without discrimination.
58.5.The Parties agreed that a general election shall be held as a peace dividend and after reviewing the election laws and requirements, and conducting a new nationwide census following the voluntary return of IDPs and refugees within the framework of the transitional period arrangements.
IMPLEMENTATION OF THE FRAMEWORK AGREEMENT
59. The Parties shall agree to determine the time frames for implementation of the Framework Agreement and for reaching the final agreement, and the institutions charged with implementation and the sources of funding the implementation measures.
60. The Parties shall establish a joint mechanism for implementation and for evaluation of the work of the commissions and other entities provided for in this Agreement within a period to be agreed upon by the Parties.
61. The Parties shall set the agenda, time frames, and modalities for the continued negotiations on issues specific to the Two Areas leading to a Final Peace Agreement within a period not exceeding 15 February 2020.
62. The Parties shall work in good faith to implement all the provisions of this Agreement.
63. The Parties shall agree on the guarantors of the Final Peace Agreement, including the regional and international partners.
64. According to this Agreement, a committee on political arrangements and a committee on security arrangements shall be formed to provide the details without neglecting its national dimensions.
65. The Transitional Government shall commit to restore all the confiscated assets of the Sudan People’s Liberation Movement in all parts of Sudan in accordance with the provisions of the Juba Declaration signed on 11 September 2019 and renewed until 15 February 2020 (Annex 4).
CHAPTER 3:
POLITICAL ISSUES AGREEMENT
REGARDING THE ISSUE OF SUDAN IN THE TWO AREAS GENERAL PRINCIPLES
1. Equal citizenship without discrimination shall be the basis for all rights and duties.
The state shall stand at equal distance from all religions and cultures, without any ethnic, religious, or cultural bias that may lead to derogation of this right.
It shall be enshrined in the Constitutional Charter governing the transitional period.
2. Equal citizenship without discrimination shall be the basis for all civil, political, social, economic, and cultural rights and duties to build a decentralized state based on a system of equitable power and wealth sharing and necessary positive discrimination.
3. Commitment to prioritize issues particular to the Two Areas within the framework of the peace process at the national level.
4. Ensure that the right of victims to have access to effective justice and reparation mechanisms, especially the basic rights to prompt redress for injustices and compensation.
5. Representation of women at the national level by a percentage of 40%.
6. Addressing the root causes of conflicts shall be a key requirement necessary for peacebuilding and sustainable development.
DEFINITION OF THE TWO AREAS AND THE SYSTEM OF GOVERNANCE
7. Definition of the Two Areas:
The Two Areas shall mean the following:
7.1. The Blue Nile State/Region:
means the current Blue Nile state and what is stipulated in
the provisions of this Agreement.
7.2. South Kordofan State/ Nuba Mountains:
means the current South Kordofan State/ Nuba
Mountains and what is stipulated in the provisions of this Agreement.
7.3. Status of West Kordofan State:
The Parties agree that the Two Areas Agreement, including the political and security arrangements and the power and wealth sharing, shall include the West Kordofan State, which will remain a separate state as it is now, until the issue of the borders of South Kordofan/ Nuba Mountains and West Kordofan is solved.
In the event South Kordofan State/ Nuba Mountains and West Kordofan State form one region, or West Kordofan State remains a stand-alone state as determined by the Governance Conference that shall decide on border issues as provided for in the framework agreement between the Government of Sudan and the Sudan People’s Liberation Movement – North/ The Revolutionary Front (SPLM-N-SRF), the Governance Conference shall not impact
the final peace agreement between the Parties, save for border issues.
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8. System of Governance in The Two Areas:
The Parties agree that without prejudice to the unity of Sudan’s people and territory, the exclusive, joint or residual powers agreed upon in this Agreement, the Two Areas shall enjoy autonomy by which they shall exercise the powers stipulated in this Agreement.
POWERS AND COMPETENCIES
9. Exclusive powers of the state/regional government:
the exclusive powers to be assumed by the state/regional government shall be as follows:
9.1. To draft, adopt, and amend the state/regional constitution as stipulated in the Final Peace
Agreement and to incorporate the special status of the Two Areas, which includes the right
to legislate as an inherent right that does not contravene the national constitution.
9.2. To exercise the powers and authorities of the state/region in the Two Areas, including the right to legislate, provided that this is based on the Constitution of 1973, amended in 1974.
9.3. To exercise the rights enumerated in the power and wealth sharing sections as stipulated
in the Final Peace Agreement.
9.4. To address issues of land and compensation and review contracts related to lands, mining,
and agricultural and industrial projects, in accordance with the provisions of the Final
Peace Agreement.
9.5. The provisions on positive discrimination as set forth in this Agreement related to power,
wealth, and civil service matters is [a means] to remedy grievances suffered by the people of the Two Areas and address the root causes of the crisis that led to wars in the Two Areas.
9.6. The different levels of governance in the Two Areas shall have exclusive powers with regard to transitional justice, reparations, investigating crimes and violations perpetrated, reconciliation, healing the wounds of war, promoting values of peaceful coexistence, and strengthening social fabric.
9.7. To establish and rehabilitate institutes for teaching indigenous languages, culture, heritage, folklore, and antiquities which reflect diversity and work to develop and promote local cultures and provide them with opportunities at the national, regional, and international levels as an integral part of Sudanese cultures that must be celebrated for all their differences and diversity.
9.8. To establish a mechanism, council, or commission to promote the languages of the Two Areas in particular.
9.9. Residents of the Two Areas shall have the right to participate in rewriting the history of Sudan by recognizing the different contributions made by the peoples of Sudan in order to give meaning and value to national unity.
Institutions in the Two Areas may create the appropriate mechanisms to implement this in an integrated manner with that of the national levels.
9.10.
The government of the Two Areas shall have the right to name facilities and institutions in order to celebrate and promote the cultural and historic heritage of the peoples of the Two Areas in a way that promotes national unity and removes all legacies that have led to national discord, and to objectively study our common history, including the era of slave trade in order to remove the cultural and moral effects thereof, to strengthen the bonds of citizenship without discrimination, and to promote national unity.
9.11.To enact legislation related to the structures of state/regional government at its different levels.
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9.12.To borrow money for the purposes of development and construction from national bodies with the guarantee of the state/regional government.
9.13.To plan for regional government services including health, education, and welfare among other services.
9.14.To appoint employees and civil servants in the state/regional government, determine their competencies, and pay their salaries.
9.15.To develop and improve financial revenues of the state/regional government.
9.16.To collect state/regional taxes and revenues.
9.17.[To manage] the general budget of the state/region.
9.18.[To manage] public facilities of the state/regional government.
9.19.To reconstruct and develop the state/region.
9.20.Mass media, prints, publications, and different media outlets in the state/region.
9.21.To rehabilitate and assist veterans, persons with special-needs, orphans, widows, and care
for martyrs’ families.
9.22.To conduct population censuses and prepare statistics in the state/region.
9.23.To open outlets for the civil registry, driving licenses, vehicle licenses, and other
necessary documentation in the state/region.
9.24.[To manage] lands and resources of the state/region in accordance with what has been
agreed.
9.25.Cultural affairs within the state/region.
9.26.To regulate issues of faith and religion.
9.27.To manage trade and regulate businesses and licenses in the state/region.
9.28.[To regulate] commercial businesses and local projects.
9.29.[To issue] marriage, divorce, inheritance, birth, death, adoption, and lineage documents
and register them paying heed to religion, customs, or personal status law.
9.30.To enforce laws of the state/region.
9.31.[To enact] laws related to agriculture, industry, and services in the state/region.
9.32.[To regulate] non-international and national heliports within the framework of civil
aviation laws.
9.33.[To manage] roads, bridges and public transportations within the state/region.
9.34.To develop and maintain an environmental policy that is appropriate for the state/region,
while observing international standards, in coordination with the competent national
bodies and the department of environment and environmental conservation.
9.35.[To regulate] charities and donations.
9.36.Cultural and heritage sites, museums, libraries, and heritage.
9.37.To protect traditions and customary law.
9.38.[To manage] irrigation and establish water harvesting projects for the state/region.
9.39.To maintain ancient documents and antiquities and create monuments.
9.40.[To provide] ambulance and firefighting services.
9.41.Recreation and sports in the state/region.
9.42.To license small firearms in accordance with federal regulations.
9.43.[To set] the flag and emblem of the state/region.
9.44.Socioeconomic development in the state/region.
9.45.[To regulate] unions and vocational associations in the state/region.
9.46.Vocational and professional training and capacity building.
9.47.[To issue] health policies and services in the state/region.
9.48.[To undertake] urban development and planning and planning of urban and rural areas.
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9.49.Trade, industry, and industrial development in the state/region.
9.50.To provide public services.
9.51.[To undertake] disaster preparedness, provision of aid, and combat epidemics in the
state/region.
9.52.State/regional print media, publications, and information.
9.53.[To manage] resettlement, rehabilitation, and reconstruction of the state/region.
9.54.To negotiate and conclude international and regional agreements, in the fields of
education, culture, sports, trade, loans, grants, and technical assistance with foreign governments and foreign non-governmental organizations, without contravening national policies and in coordination with the competent federal authorities.
9.55.To promote the role of women and youth and child protection.
9.56.To exercise the right to collect revenue and spend funds in the state/region.
9.57.To exercise the right to borrow loans with the Sudan Central Bank or the state/regional
government securing the collateral.
9.58.To exercise the right to conclude investment contracts without contravening Sudan’s
foreign policies and in coordination with the competent federal authorities.
9.59.To develop fisheries.
9.60.To develop tourism and confer revenues to the region in order to improve and preserve
tourism.
9.61.Forestry of the state/region.
10. Concurrent powers and competencies:
the concurrent powers and competencies for the state/regional government and the Transitional Government of Sudan shall be as follows:
10.1.Powers and competencies of police, prisons, wildlife, civil defense, and customs at the
level of the Two Areas.
10.2.Borrowing funds for the purpose of development and reconstruction from regional and
international financing institutions for the regional government, with the guarantee of the
Government of Sudan.
10.3.Provision of urgent humanitarian assistance.
10.4.Voluntary return of IDPs and refugees.
10.5.Reconstruction and sustainable development programs.
10.6.Review and design of programs that address land issues in the Two Areas, including
ownership, use, and compensation related to land expropriation, to be implemented during
the transitional period.
10.7.The national and locally competent bodies shall address land issues in the Two Areas,
with effective participation of local communities.
10.8.Transitional justice and reconciliation shall have joint mechanisms derived from the
norms, cultures, and heritage of the peoples of Sudan and the Two Areas.
10.9.Create mechanisms that help to end impunity for perpetrators and bring justice for victims to establish a process of national reconciliation and healing.
This shall be founded on upholding the rule of law and the international conventions of human rights and the
international humanitarian law.
10.10.Allocate national and state/regional resources to the Two Areas.
10.11.Immediate resolution of the issues of borders and lands confiscated from the Two Areas
once this has been proven.
10.12.Review the contracts and decisions to award lands and mining projects and [provide]
compensations in the Two Areas.
10.13.Create the different commissions stipulated in the peace agreement.
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10.14.Conduct population census and partake in revising elections laws.
10.15.The joint mechanism for the implementation and evaluation of commissions’ work and
other mechanisms provided for in this agreement within an agreed period.
10.16.Positive discrimination for the Two Areas at the national level, especially in civil service.
10.17.Transboundary water resources of the state/region.
10.18.Socioeconomic development.
10.19.Enforcement of national laws in the state/region.
10.20.Issues related to taxation, ownership, and economic planning which require joint
decisions or implementation between the state/regional government and the national
government.
10.21.Manage and monitor human and veterinary drugs.
10.22.Animal health and veterinary services.
10.23.Wired and wireless telecommunication.
10.24.Natural resources.
10.25.Relief.
10.26.Population policy and family planning.
10.27.Quarries regulations.
10.28.Banking activities.
11. National Powers:
the national government shall assume the following exclusive executive and legislative powers:
11.1.Defense, national security, and the protection of national borders.
11.2.Foreign affairs and international representation.
11.3.Nationality and naturalization.
11.4.Passports and visas.
11.5.Migration and foreigners.
11.6.National judiciary.
11.7.National police, including the criminal investigation department and coordinating
bilateral, regional and international criminal affairs and the standards and regulations,
including police training standards.
11.8.Definition and provision of wages and allowances for civil servants at the national level.
11.9.Postal services.
11.10.Civil aviation.
11.11.Ships and marine navigation.
11.12.Lighthouses for warning and guidance.
11.13.The central bank and issuing and coining national currency.
11.14.Bills of exchange and promissory notes.
11.15.Scales, standards, specifications, assessment and timing.
11.16.Meteorology.
11.17.National prisons.
11.18.National institutions provided for in the Constitutional Charter or the national
constitution.
11.19.Customs duties, taxes, and export commitments.
11.20.Intellectual property rights, including patents and copyrights.
11.21.The national flag and anthem.
11.22.Signing international treaties of interest for the Republic of Sudan.
11.23.National debts and borrowing on the bases of public credit.
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11.24.National census and statistics.
11.25.National emergencies.
11.26.International transportation and domestic transportation between the states, including
roads, airports, water crossings, seaports, railroads and national infrastructures.
11.27.National public facilities.
11.28.National museums, archeological sites, and national heritage.
11.29.National economic planning and policies.
11.30.Managing the Nile waters and cross-border waters.
11.31.National media, national publications, and wired and wireless telecommunication
systems.
11.32.National taxes and improving national income.
11.33.National budget and public debt.
11.34.Laws regulating national elections and monitoring elections through the national
commission for elections.
11.35.Issuing identification cards or documents.
11.36.Fundamental rights and freedoms.
11.37.Foreign trade.
11.38.National telecommunications.
11.39.Pensions.
11.40.Insurance.
11.41.Value added tax.
12. Residual Powers and Competencies:
Residual powers shall be exercised according to their nature;
national powers shall be exercised by the national government;
state/regional powers shall be exercised by the state/regional government;
and joint powers shall be exercised by both parties.
FINANCIAL RESOURCES FOR THE STATE/REGIONAL GOVERNMENT
13. The state/regional government shall be entitled to pass legislation to collect revenues and fees from the sources below:
13.1.Tax on personal income in the state/region.
13.2.Business profits tax in the state/region.
13.3.Service fees in the state/region.
13.4.Service fees on petroleum fuels.
13.5.The state/regional government projects and businesses.
13.6.Foreign grants and aid without contravening national policy and national sovereignty.
13.7.Tax on sales, services, and production in the state/region.
13.8.Loans and borrowing in accordance with the national macroeconomic policy.
13.9.Licenses in the state/region.
13.10.Tourism fees in the state/region.
13.11.Service fees on the products of natural and forestry resources in the state/region.
13.12.Stamp fees in the state/region.
13.13.Fees on cross-border trade in the state/region, without contravening national policies.
13.14.The state/region share of central support.
13.15.Taxes on agriculture, animals, and veterinary quarantines in the state/region.
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13.16.Any other fees in accordance with the constitution.
14. The state/region shall enjoy fiscal decentralization.
15. Accounting Standards:
15.1.The state/regional government shall abide by the approved accounting and financial
accountability standards to ensure that public funds are allocated and spent according to
the budget allocated to them.
15.2.Income and revenue collected by the state/regional government shall be deposited in
public accounts subject to public auditing, accounting, and review.
15.3.The law shall regulate adopted accounting procedures, standards, and financial
accountability.
15.4.All accounts of the state/regional government shall be subject to auditing and verification
as regulated by law.
15.5.Distribution of the local tax revenue.
16. Wealth Sharing in the Two Areas:
16.1.For a period of ten years, the state/regional government shall receive forty percent (40%)
of income from the revenue of natural resources, extracted wealth from the state/region, tax revenue from the state/region, and taxes levied in the state/region, with the remaining sixty percent (60%) going to the national government.
16.2.The fixed percentage or any other appropriate option the Parties agree on shall be determined in a conference involving the Parties, stakeholders of the Two Areas population, and the mediator at the end of the transitional period.
17. When the state/regional government collects the joint taxes and other imposed levies, it shall deduct its own percentage and transfer the percentage for the national government to the public treasury.
18. The percentage of taxes and expenses related to the development of natural resources within the state/region to be distributed to areas and localities within the state/region shall be regulated by the law adopted by the state/regional legislative council.
19. Issuance of financial pledges, instruments, promissory notes, and bills of exchange:
The state/regional government shall be entitled to issue financial pledges, instruments, bills of exchange, promissory notes or other financial documents provided that they are regulated by a law enacted by the state/regional legislative council, based on the balance of the state/region in accordance with national financial policies.
20. The state/region governor may, with the approval of the state/regional legislative council, conclude contracts or agreements for foreign or national loans in accordance with the controlling national terms and standards.
21. Share of the state/region from annual national revenue:
21.1.Based on national standards and the principle of positive discrimination, the national
government shall pay to the state/region its allocated share from annual national resources, foreign aid, support and relief as well as other financial aid for advancing development.
22. Reform and correction of the banking system by adopting monetary, regulatory, and Page 97 of 242
institutional policies that serve the accumulation of savings, funding, development, attracting investments, and facilitating banking transactions, including the conventional banking system and multiple outlets.
23. Participation of the Two Areas in managing the Revenue Allocation and Monitoring Commission.
24. Foreign Investment:
the state/regional government shall be entitled to regulate foreign investments within its jurisdiction in coordination with the competent national institutions.
25. Zakat:
The system of the Zakat Bureau and its aspects of spending must be reviewed at the national, state/regional level, so as to comply with the changes brought about by the glorious December revolution, provided that this resource is directed as a social resource for the benefit of those entitled.
GOVERNANCE STRUCTURES AND POWERS IN THE TWO AREAS
26. Powers in the states/regions of Blue Nile and South Kordofan/ Nuba Mountains and West Kordofan (in their current status) shall be as follows:
26.1.Executive Authority.
26.2.Legislative Authority.
26.3.Judicial Authority.
27. The Executive Authority:
organs of executive authority in the state/region shall comprise of:
27.1.State/regional governor.
27.2.State/regional council of ministers.
27.3.State/regional commissions.
28. The Legislative Authority:
the state/region shall have a legislative authority/legislative council.
29. The Parties agree that the SPLM-N-SRF shall partake in the institutions of the transitional authority in accordance with the National Issues Agreement, as well as all commissions and mechanisms related to the implementation of the Peace Agreement and the Constitutional Charter.
30. The Parties agree that the SPLM-N-SRF shall be represented by virtue of appointment to the position of state/region governor in the state of the Blue Nile and the position of state/region deputy governor in the states of South Kordofan/ Nuba Mountains and West Kordofan.
SPLM- N-SRF shall also have 30% representation in the executive and legislative authorities of the states of Blue Nile and South Kordofan/ Nuba Mountains and West Kordofan, according to their agreed status.
If the country reverts to the regional system of governance, SPLM-N-SRF shall keep the position of deputy governor in the region of South Kordofan/ Nuba Mountains and West Kordofan and a 30% representation in the region’s executive and legislative organs in the region.
31. The Parties agree upon the establishment of a committee composed of all of the parties in the state/region to develop a draft transitional constitution in the state/region included in this
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agreement after holding the Governance Conference stipulated in this agreement provided that it is consistent with the Constitutional Charter and the Peace Agreement.
32. Composition:
the state/regional legislative council shall be comprised on the basis of the population census, while observing diversity, balance, and equitable representation of localities in the state/region of Blue Nile and the states of South Kordofan/ Nuba Mountains and West Kordofan.
Members thereof shall be appointed in accordance with this Agreement.
33. Appointment shall be based on the following conditions:
33.1.Be the holder of Sudanese nationality by birth and a citizen of the state/region.
33.2.Be no less than twenty-one years of age.
33.3.Be of sound mind.
33.4.Be literate.
33.5.Have not been convicted with a dishonorable or disgraceful crime.
34. Women shall be represented by no less than 40% [of the seats] on the legislative council.
35. Geographic representation and ethnic and religious diversity shall be observed in the composition of the legislative council.
36. Functions of Legislative Councils in the Two Areas:
legislative councils in the Two Areas shall exercise the powers and competencies of the right to legislate for the Two Areas as set forth in this Agreement.
37. The legislative council shall exercise legislative powers stipulated under the exclusive powers and competencies of the state/region, legislation related to the powers and competencies jointly shared between the national government and the state/regional government, and residual powers and competencies.
38. The legislative council shall monitor the executive authority and pass and enact legislation that is endorsed by the state/region governor.
39. Approve the state/region constitution.
The state/region governor shall ratify it.
40. The state/region governor shall ratify any law passed by the legislative council.
In the event the law is not ratified within 30 days after the date of the deposit thereof, it shall be considered valid, unless the state/region governor submits a constitutional challenge.
41. The legislative council shall issue regulations and procedures governing its work and its committees, and it shall elect the speaker of the council and chairmen of the committees.
42. Members of the legislative council shall enjoy procedural immunity as specified by the law.
43. Without prejudice to its monitoring role over the executive authority, the council shall work in harmony and good faith with the executive authority for the implementation of this Agreement.
44. The Judiciary:
a judicial authority shall be established in the state/region.
It shall manage the judiciary and serve justice, including the regulation of courts in accordance with national standards.
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45. Structures of the state/region judicial authority shall consist of the following:
45.1.Circuits of the Supreme Court.
45.2.Court of Appeals.
45.3.General courts.
45.4.District courts.
45.5.Any other courts created by the Chief Justice or the head of the judiciary in the
state/region.
46. The head of the supreme court circuit in the state/region shall be the head of the judiciary in the state/region, or whomever is delegated by the chief justice.
47. The judiciary in the state/region shall apply national as well as state/regional legislation.
48. Public prosecution:
an independent entity for public prosecution shall be established in the state/region in accordance with national standards.
49. The judiciary and the public prosecution shall assume their functions in accordance with the regulations governing the national judiciary and public prosecution.
50. Appointing local men/women of the Two Areas in the judicial institutions:
50.1.Local men and women of the Two Areas shall be appointed in judicial institutions at a percentage to be agreed, while observing positive discrimination for the men and women of the state/region, taking into consideration the competence criteria for appointment in
judicial institutions, including the judiciary and public prosecution.
50.2.Women and men from the Two Areas shall be appointed as judges on the national
Constitutional Court in accordance with the criteria of competency and proficiency.
50.3.Women and men from the Two Areas shall be represented in the National Commission for Judicial Service and/or the Supreme Judicial Council in accordance with the criteria
of competence and professionalism.
50.4.Women and men from the Two Areas shall be represented in the High Public Prosecution
Council in accordance with the criteria of competence and professionalism.
50.5.One of the deputy chief justices shall be from the Two Areas in accordance with the
criteria of competence and professionalism.
50.6.Institutional reform shall be introduced to the justice system at all levels, provided that it
is participatory, transparent, and inclusive, especially in the Two Areas due to the wars.
51. Levels of governance in the state/region:
the levels of governance currently in place shall remain effective until the amendments that have been stipulated in the National Issues Agreement and the provisions to be stipulated pursuant to the Governance Conference are integrated.
52. Appointment in constitutional positions:
Constitutional positions enumerated in this Agreement shall be occupied by persons appointed by consensus of the Parties.
53. The Parties agree that the appointment and dismissal of the state/region governor and deputies thereof shall be by consensus in accordance with the provisions of this Agreement.
54. Authorities of the state/region governor:
the state/region governor shall assume the following powers and competences as agreed by the Parties and in accordance with this
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Agreement:
54.1.Appointment and dismissal of ministers, while observing diversity and gender
representation.
54.2.Appointment and dismissal of persons assuming senior positions in the civil service.
54.3.Appointment and dismissal of commissioners of the specialized commissions.
54.4.Any other functions provided for in this Agreement.
55. The Council of Ministers:
the state/region council of ministers shall be established by a decision of the state/region governor, in consultation with his/her deputy.
56. The Council of Ministers shall be composed of the state/region governor, their deputy, and ministers.
57. The state/region governor shall preside over the Council of Ministers and in the case of his/her absence or delegation thereof, the deputy state/region governor shall preside.
58. There shall be no less than 40% representation of women in the Council of Ministers.
59. Competency and diversity shall be observed in the appointment of Ministers.
60. The state/region Council of Ministers shall be accountable for the conduct of its functions before the state/region governor.
Performance of the Council of Ministers shall be monitored by the state/region legislative council.
61. Powers and competencies of the Council of Ministers:
without prejudice to the powers of the state/region governor, the Council of Ministers shall be the highest executive authority and shall assume the following powers:
61.1.Exercise of exclusive, joint, and residual powers and competencies.
61.2.Establishment of commissions in the state/region.
62. The state/region shall have a security committee in which the state/region governor is president and the state/region deputy governor, the district military commander, Chief of Police, head of the General Intelligence Agency, head of the legal department in the state/region, and any other relevant party are members.
63. Members of the Council of Ministers shall enjoy procedural immunity as defined by law.
64. A joint committee shall be established to restitute or compensate, in case of depreciation or damage, private and public property confiscated from SPLM-N-SRF, provided that it starts its work immediately upon signing the Final Peace Agreement and completes its work within a period of no more than three months.
The committee shall ensure the restitution of property which is proven to be owned by the SPLM-N-SRF and members thereof, in accordance with law and good faith, without prejudice to this Agreement.
DELEGATION OF POWERS
65. The Parties agreed that when delegating powers, the state/regional government shall observe the following:
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65.1.Creation of management principles and standards at the level of the Two Areas which stress the rights of citizenship without discrimination;
reflect diversity, the multiple cultures, and respect for all languages;
and promote national unity.
65.2.Recognition of the duty of the state/regional government to develop, improve, and care for the people and protect the fundamental human rights and freedoms and the rule of law.
65.3.Acknowledgment of the importance of engaging people of the state/region in all levels of
governance as an expression of unity.
65.4.Achievement of good governance through democracy, transparency, accountability, and
the rule of law at all levels of governance to establish durable peace and economic, social, and political stability.
66. Relations between the levels of governance:
levels of governance shall respect the following principles:
66.1.Mutual respect of national, regional, or state powers and competencies in accordance with the provisions of the Final Peace Agreement.
66.2.Cooperation in the performance of governance functions and assistance for each other in meeting the constitutional requirements.
67. Governance institutions at all levels within the state/region shall perform their powers and functions as follows:
67.1.No level may encroach on the powers, competencies, tasks, or functions of other levels.
67.2.Promote cooperation and integration among all levels of governance.
67.3.Promote communication, open dialogue, and coordination between all levels of governance.
67.4.Respect the status and institutions of other levels of governance, especially those stipulated exclusive, concurrent, and residual powers.
67.5.Encourage amicable resolution of disputes before resorting to the judiciary.
67.6.Agreement and cooperation between the different levels of governance shall be within the framework of supporting national unity, improving livelihoods for citizens, meeting
constitutional rights, and implementing the Peace Agreement.
REFORMING NATIONAL CIVIL SERVICE
68. The Parties agree to undertake institutional reform to address the shortcomings in the national civil service in relation to citizens of the Two Areas at all employment levels, according to proportional representation of the population;
the principle of positive discrimination in appointment, training and promotion;
gender equality;
and addressing the impact of war and the impact of unbalanced development policies, provided that appointment is based on qualification and competence while observing the provision of opportunities to qualify and build the capacity of the men and women of the Two Areas.
69. The Parties agree on accommodating citizens of the Two Areas in upper- and mid-level positions, including but not limited to, undersecretaries, diplomats, deans of universities, heads of departments, delegates to international and regional organizations, general directors, directors of public agencies, department managers, and heads of sections at national ministries and commissions as well as public commissions and institutions, including those in the Two Areas, the Central Bank and other public banks and governmental companies, provided that
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appointment shall be made by a political decision within six months of the date of signing the final peace agreement.
70. The Parties agree to establish a joint committee to select persons to be appointed in accordance with the foregoing provision.
71. The Parties agreed to represent men and women of the Two Areas in the National Commission for Civil Service Reform, provided that it includes reforming civil service institutions in the Two Areas.
72. While observing positive discrimination for the men and women of the Two Areas, the Parties agree that representation in the national civil service shall be carried out according to the following details:
72.1.South Kordofan State /Nuba Mountains:
5% of the total positions of the national civil
service.
72.2.Blue Nile State:
3.2% of the total positions of the national civil service.
72.3.West Kordofan (in its current status): 4.3% of the total positions of the national civil
service.
72.4.Positive discrimination and the principles of qualifications, competence, transparency,
participation, and inclusivity shall be observed in appointment.
72.5.The principle of positive discrimination shall continue to be applied for ten (10) years
from the date of signing this agreement, provided that, following this period, the principle of proportionate appointment is applied, just as it is in other states.
This process shall be subject to review and evaluation to ensure that the imbalances have been addressed.
LAW ENFORCEMENT BODIES
73. The Police:
The Sudanese police force is a national professional force that has no affiliation to any party, group, faction, actor, or region.
It shall be loyal to the homeland;
and joining the force shall be a right guaranteed to all Sudanese people.
74. The Parties recognize the importance of reforming the Sudanese police force, with the aim to improve its capacity, improve its professionalism, and increase its effectiveness.
75. The Parties recognize that the police force is a national law enforcement body in its composition and leadership, operating at the state-level in the presence of federal departments that implement their federal duties and functions.
DEVELOPMENT AND RECONSTRUCTION COMMISSIONS AND MECHANISMS
76. Commission for the voluntary return of IDPs and refugees:
76.1.The voluntary return of IDPs and refugees, settlement in their areas of origin, and
reintegration in their own communities is one of the key phases that require a joint effort by governments, the international community, voluntary organizations, and civil society organizations.
Such efforts are necessary to ensure the successful voluntary return in a humane and legal manner, restitution of their rights, restoration of the rule of law in
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resolving conflicts, building sustainable peace, realization of safe and voluntary return of IDPs and refugees, and the enforcement of reparative justice, which effectively contribute to avoiding displacement in the future.
77. Composition:
The Transitional Government of Sudan and the signatory Parties to the Peace Agreement shall establish a national commission for the voluntary return and resettlement of IDPs and refugees.
78. The aforementioned national commission shall have branches in the Two Areas.
79. Parties to the Agreement from the Two Areas shall be represented, provided that women shall have no less than 40% representation therein.
80. Foundations of voluntary return:
80.1.Creating an atmosphere conducive to the voluntary return through the provision of
security and safety, including physical, legal and material safety, means of protection, a decent living, and strengthening and activating the role of institutions tasked with the provision of security.
80.2.Engagement of IDPs and refugees in regulating, planning, and managing their return, as well as partaking in making decisions that affect their lives and futures.
80.3.Choice and non-refoulement.
81. The voluntary return of IDPs and refugees to their areas of origin shall be conducted under the patronage of the Transitional Government and in cooperation with relevant parties such as the UNHCR, the International Organization for Migration, and civil society organizations.
82. Functions of the Commission:
functions of the commission shall include, but not be limited to, the following:
82.1.Identify, register, and categorize IDPs and refugees and collect necessary information about the location and status of their original homes, lands, property, or original place of residence.
82.2.Provide shelter, food, health, and educational services, healthy drinking water and electricity;
remove all obstacles;
and provide the necessary facilitation to international and regional organizations working in the humanitarian field.
82.3.Provide the necessary aid and assistance to help IDPs and refugees lead a decent life.
82.4.Provide reparations and individual and collective compensation.
82.5.Provide psychological and physical rehabilitation.
82.6.Recover confiscated, seized, or destroyed property through an independent court in
accordance with the law.
82.7.Establish centers, offices, and mobile units to facilitate the process of promoting
awareness to assist displaced persons and refugees in identifying their lost properties.
82.8.Establish technical and vocational institutes to bridge the knowledge and skills gap for
IDPs and refugees, with the aim to improve their contribution to production.
82.9.Address the issues of education, including the curricula and languages for the children of
IDPs and refugees to keep up with the future national education process.
82.10.Exempt the refugees’ personal belongings and luggage from fees, duties, and taxes to
facilitate and encourage their voluntary return.
82.11.Any other relevant functions.
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83. Sources of Funding for the Commission:
83.1.The Transitional Government of Sudan.
83.2.Friends of Sudan from among the regional and international donor states.
83.3.The UN and other relevant organizations.
83.4.Any other appropriate source of funding.
84. Land Commission:
84.1.Parties signatory to the Final Peace Agreement shall participate in the National Land
Commission.
84.2.The state/regional government shall establish a land commission in coordination with the
National Land Commission.
It shall assume the following functions:
84.2.1.Review and design programs that address land issues in the Two Areas, including
ownership, usage, and compensations related to the removal of land ownership.
The
programs shall be implemented during the transitional period.
84.2.2.The national and local competent authorities shall address land issues in the Two
Areas with effective participation of local communities on the basis of state/regional
norms, laws, and mechanisms.
84.2.3.Develop policies to regulate possession and use of lands and exercise of rights
thereon.
Implementation shall be monitored in coordination with relevant bodies
based on the land law in the state/region and the national government.
84.2.4.Define the map of land usage with the participation of local communities and in
coordination with competent bodies.
84.2.5.Determine procedures for freehold land ownership.
84.2.6.Monitor and ensure the restitution of ownerships for lands that have been
expropriated without consulting stakeholders.
84.2.7.The state/regional land commission shall exercise all the powers of the National
Land Commission that are delegated thereto.
84.2.8.Review all land allocation and award contracts and decisions in the state/region.
84.2.9.Review investment projects in the state/region by conducting technical, economic
and environmental feasibility studies.
84.2.10.Review mining contracts and projects in the state/region and address the
shortcomings in contracts, environmental impacts, compensation, and the rights of
the state/region as provided for in the Two Areas’ resource-sharing provisions.
84.2.11.If a national project is developed, such as roads, that adversely affects a land
owner, the owner shall be sufficiently compensated.
84.2.12.Develop policies for the use of agrarian lands and forests in the state/region and
allocate revenue thereof for development within the state/region.
84.2.13.Any other relevant functions.
85. Transitional Justice and Reconciliation Commission:
The Parties shall establish a branch of the National Transitional Justice and Reconciliation Commission in the state/region.
A law shall define the powers, competencies, and method of work thereof.
86. The National Commission for Religious Freedoms:
86.1.The Parties agree to establish a National Commission for Religious Freedoms in Sudan,
with branches thereof in the Two Areas.
86.2.The Parties stressed the freedom of religions and faiths and the importance of tolerance
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The Parties also highlighted the necessity to establish a national Page 105 of 242
ministry for peace and human rights to promote and protect human rights in Sudan.
86.3.Realize religious coexistence among all followers of religions and faiths to link and
promote the peace process with the acquired rights.
87. The Commission for the Development of the Nomad, Herders, and Farmers Sector:
sub- commissions of the National Commission for the Development of the Nomads, Herders, and Farmers Commission shall be established with the participation of their respective organizations and relevant governance bodies.
The Commission shall assume the duties of reviewing the traditional tracks of shepherds and nomads, inn services, securing the routes of herders and nomads, and seeking to settle them in accordance with the norms, among other duties.
88. The Ministry of Peace and Human Rights:
The Parties agreed to establish a national ministry for peace and human rights.
89. The Development and Reconstruction Fund:
The Parties commit to establishing a national fund for the reconstruction and development of war zones all over Sudan, with special priority for the Two Areas.
The structure, mandate, supervision, and implementation of the work of this fund shall be defined in the Final Peace Agreement.
90. The two funds for reconstruction and rehabilitation in the Two Areas shall be restructured, with the participation of the Parties and the effective engagement of the citizens of the Two Areas in reconstruction and rehabilitation.
The two funds shall be part of the National Fund for Reconstruction and Rehabilitation of War-affected Areas in Sudan.
91. The Parties shall solicit regional and international support and assistance from different donors and funding bodies.
92. The Parties agree to establish a joint committee to regulate, oversee, and monitor the activities of mining, petroleum, and the use of underground resources in the Two Areas and address the environmental and social impacts of such activities, in accordance with national policies and the wealth sharing provisions of this Agreement, while observing the principles of transparency, inclusivity, and participation.
ENVIRONMENT ISSUES
93. Policies and implementation mechanisms shall be established to care for the environment, stop environmental degradation, minimize conflicts over resources, and remedy the impact of policies of past governments that led to environmental degradation and climate change in Sudan.
94. Infrastructure and developmental structures shall be improved and the necessary funding and modern technology shall be secured to enable farmers and herders to overcome the impacts of climate change and secure decent livelihoods.
95. The Parties commit to taking environment and climate change issues into consideration in all policies, plans, programs, and projects necessary for implementation in the final peace process and building sustainable peace.
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96. The Parties shall work to establish a strategic partnership between all the stakeholders of the revolution, peace, and democracy to ensure the success of the transitional period.
NATIONAL PROJECTS IN THE STATE/REGION
97. All national projects in the states of Blue Nile, South Kordofan/ Nuba Mountains and West Kordofan shall be dealt with in accordance with the provisions of the wealth-sharing agreement provided that state/regional executive bodies shall undertake implementation thereof alongside relevant national bodies.
98. The population of the Blue Nile shall be compensated for the environmental damage induced by constructing the Roseires Dam and compensation to those afflicted thereof shall be reviewed to redress them with the appropriate compensation.
99. Land owners and those afflicted by the building of al-Fulah power plant must be reviewed and compensated.
100. While observing national policy in the field of electricity, the Blue Nile State/Region shall be given favorable privileges and prioritized in terms of power supply, sale, and use.
101. Irrigated agriculture projects shall be established within the State/Region of Blue Nile.
102. To meet the costs and burdens of implementing the present agreement in the first year, prioritize IDP and refugee voluntary return program, and meet other obligations stipulated in this Agreement;
the Parties agree that the Transitional Federal Government shall secure emergency funding for the states of West Kordofan, South Kordofan/ Nuba Mountains, and Blue Nile.
The high committee for monitoring this Agreement shall be tasked with securing the necessary funding for these issues pursuant to an agreement of the Parties within 60 days of signing this Agreement.
GENERAL PROVISIONS
103. The Parties agree to include all timelines and timetables related to the formation of mechanisms, committees, and commissions clearly in the Agreement’s implementation matrix.
104. It has been agreed that small conferences shall be held in the Two Areas to prepare and draft the constitution within the framework of preparing for the national constitutional conference.
105. The Parties agree to establish a fund concerned with the affairs of martyrs and wounded persons in the Two Areas within three months from the date of signing this Agreement provided that the Federal Government contribute to its funding and solicit foreign and domestic funding for that purpose.
106. Positive discrimination policies shall be adopted for admission of the men and women of the Two Areas in universities and high institutes.
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accommodation are free of charge for the men and women of the Two Areas in governmental universities and high institutions in order to cover tuition, accommodation, and living expenses of the students of war-affected areas.
108. Full graduate and post-graduate scholarships in national and foreign education institutions shall be allocated for the men and women of the positively discriminated state/region to reverse the impact of wars.
109. Staff of civil service institutions in the areas controlled by the SPLM-N-SRF shall be reviewed, integrated, and included in civil service structures in the Two Areas to ensure the unification of governance institutions, the state mandate and the system that emerged by virtue of the agreement on all Sudanese territories in accordance with the legislation and standards of civil service while observing positive discrimination.
110. The Parties agreed to hold reconciliation conferences for the states/ regions of Blue Nile, South Kordofan/ Nuba Mountains and West Kordofan in order to heal the wounds of war and consolidate the social fabric in the first year as of the signing of the peace agreement.
111. The Parties agree to form a joint high committee to work in coordination with the national peace commission, provided that this committee be concerned with monitoring the implementation of all provisions included in this agreement and working alongside relevant state institutions in accordance with the implementation charts (matrix) included in this agreement.
112. This Agreement shall be an integral part of the Constitutional Charter.
In the event of conflict, the provisions of this Agreement shall prevail.
113. The matrix shall be an integral part of the Peace Agreement.
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CHAPTER 4:
AGREEMENT ON THE FINAL SECURITY ARRANGEMENTS BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND SUDAN PEOPLE’S LIBERATION MOVEMENT – NORTH / THE SUDAN REVOLUTIONARY FRONT
Preamble
The Transitional Government of Sudan, the Sudan People’s Liberation Movement and Army – North / the Revolutionary Front, hereinafter called The Parties;
Recalling the efforts exerted towards building and structuring a national democratic inclusive state, and the commitment to transitional governance as stipulated in the Constitutional Decree and to what will be provided for in the final peace agreement.
Based on our deep recognition of the dire need for final security arrangements that address the root causes of the war and build a rapid working plan to address the humanitarian crisis in Sudan in general and in the Two Areas in specific and provide necessary and urgent relief, rescue, rehabilitation, protection and voluntary resettlement of IDPs and refugees.
Reaffirming the necessity of reaching just peace and a comprehensive political agreement that enables us to address the issues and consequences of war in the Two Areas, as part of a comprehensive process for all of Sudan.
Acknowledging the changes that happened in Sudan as a result of the glorious revolution of December 2018 and the key role women and youth played in the revolution which fulfilled one of the key demands of the Sudanese people.
Mindful that the history of Sudan has proven that peace cannot be achieved without democratization and that democratization cannot be achieved without peace.
Determined to seize this opportunity to achieve just peace, citizenship without discrimination and democracy as one package through putting an end to all ongoing wars in the Two Areas and all over Sudan, in conjunction with genuine democratization based on the pillars of just peace and citizenship without discrimination.
Acknowledging that peace in the Two Areas can only be achieved through meeting the aspirations of their local people, ensuring positive discrimination, and reaching security arrangements for the Two Areas within the framework of the security arrangements for all of Sudan.
Commencing from the fact that the Two Areas are rich with religious and cultural diversity and the need to respect and protect this diversity.
Stressing that achieving durable peace in the Two Areas is organically linked with building solid foundations for transitional governance and democratization in Sudan, which require the
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achievement of comprehensive, inclusive and just peace for all Sudanese men and women.
Recognizing the importance of signing a final agreement for security arrangements and the need to urgently reach a peace agreement.
Committed to the final and just settlement, final peace, security, prosperity, democracy, citizenship without discrimination and the stability of the Sudanese people within the framework of justice and national reconciliation.
Affirming the importance of reaching an agreement on integration, disarmament, demobilization, and reintegration arrangements for the combatants of the Sudan People’s Liberation Army – North / Revolutionary Front and its other security institutions in accordance with a DDR program and security arrangements agreement that include detailed provisions on the sequencings and specified timelines for integration and completion of DDR in accordance with the timetable agreed to by the Parties.
Recognizing that all other relevant international instruments, including the UN Charter on regional arrangements to address issues related to maintaining international peace and security are appropriate to regional work as well as the provisions of the African Union Charter, which guarantees the right to sovereignty and territorial integrity for all member states, are all important for the peace process.
The Transitional Government of Sudan and the Sudan People’s Liberation Army – North / Revolutionary Front have hereby concluded this Agreement
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General Principles:
PERMANENT CEASEFIRE ARRANGEMENTS
1. The Republic of Sudan shall have one national professional army and national professional security services that work in accordance with the Constitutional Charter, including the final peace agreement to be signed by the Parties.
Accountability shall be undertaken in accordance with law that is consistent with the Constitution.
2. The revolution and change occurring in Sudan provides a great opportunity to build the Sudanese state and all of its institutions, and in particular the military and security sector which plays an important role in the present and future of Sudan.
Achieving civil democratic governance and building a new system of governance requires building and developing a single national professional army that reflects the diversity of Sudan and the interests of all Sudanese male and female and with a new military doctrine, that is not politicized by any party.
The final goal of the new security arrangements on all tracks shall be to reach a single national professional army and a unified military and security sector.
3. Restructuring and reforming the economic sector and the political system relies heavily on reforming and modernizing the security and military sector.
4. Comprehensive security arrangements in the Two Areas and in Sudan shall be undertaken in accordance with specific timeframes and schedules for implementation, agreed upon within the framework of a single professional Sudanese army.
5. The Parties agree that after achieving final peace and completing the security arrangements (integration and DDR), the military institution and security services shall be restructured as part of a plan to reform and restructure state institutions in accordance with the Constitutional Charter and the Final Peace Agreement.
6. The final and sustainable peace process requires comprehensive security arrangements in Sudan and in the Two Areas to achieve peace, democracy and stability in Sudan.
7. The Parties seek to achieve a final settlement for the conflict in the Two Areas as part of the settlement of all conflicts in Sudan.
8. The Sudanese Armed Forces and other security institutions shall owe allegiance to the homeland and not to any specific party, group, faction, region or area.
The army and security institutions shall be national, professional, independent and capable of protecting Sudan against the threats to Sudanese national security and shall operate across Sudan.
9. The Armed Forces and other security services shall reflect diversity in Sudan.
10. The Armed Forces shall commit to protecting Sudan and providing national security in all of Sudan in accordance with the Constitution.
11. The Armed Forces shall abide by the standards of national and international laws and shall have a role in maintaining international and regional peace and security.
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12. The Parties agree upon the procedures required to be undertaken to support the implementation of the objectives and provisions of the security arrangements agreement.
13. Sudanese women shall have a leading role in building and defending the homeland.
The unified regular forces shall be reformed and restructured in accordance with the Constitutional Declaration and the final and comprehensive peace agreement.
Therefore, women will have an important and effective role in reforming these forces, especially the technical units.
14. Security arrangements are closely linked to the implementation of the political agreement.
General and Fundamental Provisions
15. The Parties agree that peace is a main goal of the glorious December revolution and constitutes, first and foremost, a national issue that requires mobilizing the political will and public participation as indispensable prerequisites for achieving durable peace;
and so to the Parties must cooperate in upholding and respecting the permanent ceasefire and wisely contain and solve any problems that may arise.
16. The Parties shall, at all times, refrain from any action or actions that may harm the peace process and shall create an environment conducive to peace and tranquility.
17. The Parties agree that inclusiveness is the essence of this agreement and thereby to engage the armed groups, political forces, and civil society as part of the peace process that shall play a role therein and contribute to safeguarding this agreement.
18. It must be stressed that the permanent ceasefire agreement should be clear and unambiguous in all of its elements.
19. The permanent ceasefire agreement shall ensure freedom of movement for persons, especially civilians, goods and services throughout Sudan and opening crossings and borders with neighboring countries in accordance with the agreements signed with them and the necessary security measures.
20. The Parties shall commit to engaging judicial and legal bodies, national organizations, and the International Committee of the Red Cross in the process of releasing all prisoners of war and other people detained or convicted as a result of the war as well as looking for missing persons in a fashion that promotes reconciliation and heals the wounds of war.
21. The Parties shall commit to providing and facilitating humanitarian assistance, by creating conditions that encourage the provision of urgent humanitarian assistance to the homeless, IDPs, refugees and affected persons and that ensure their right to voluntary return to their areas of origin.
22. The Parties agree to inform the officers and troops affiliated with their respective armed forces about the agreement as a means to promote the permanent ceasefire agreement and use official media to do so.
23. The Parties shall commit to observing the permanent ceasefire, provided that the forces, as well as forces allied and affiliated with either party, abide by it at all levels.
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24. This agreement in no way stipulates anything that may undermine the sovereignty or national security of Sudan.
25. Principles of permanent ceasefire:
The Parties agree to a permanent ceasefire between all their forces to achieve a broader goal which is safeguarding the final peace agreement, promoting the culture of peace, reconciliation, confidence building and a new democratic system.
26. The agreement’s entry into force:
the permanent ceasefire agreement shall replace the cessation of hostilities agreement.
It shall enter into force as of the date of signature thereof, in accordance with the adopted timetables.
27. Parties to the agreement:
The Parties are the Transitional Government of Sudan/ the Sudanese armed forces and other regular forces and the Sudan People’s Liberation Movement and Army – North/ the Revolutionary Front with all its formations and units.
28. Zone and scope of the ceasefire:
the scope of the ceasefire in the Two Areas shall be in accordance with the terms of the political agreement’s definition of the Two Areas.
29. Permissible Acts:
Due to the wide-scale damage and adverse effects of the war, the main principle underlying the permissible acts shall be the removal of the effects of war on civilians and affected areas, and to encourage public support for peace.
The permissible acts shall include:
29.1.Demining and removing military threats, which shall be conducted in cooperation and agreement between the two Parties, based on agreed timetables and mechanisms and with the participation of the Mediation, the United Nations, and guarantors of this agreement.
29.2.Development activities such as opening and constructing roads, restoring bridges, crossings, railroads, airports, heliports and river navigation lines;
29.3.Socioeconomic activities such as helping the freedom of movement of people, goods and services.
29.4.Freedom of movement of unarmed soldiers in civilian attire who are on leave, on sick leave, or are visiting their families in accordance with an authorization from the competent authority and with the knowledge of the field teams.
29.5.Supplying non-combat materials, such as food, water, medicine, fuel, lubricating oils, stationary, clothing, and all administrative needs and movements.
29.6.Training and qualification for the troops integrated into the armed forces and the regular security services.
29.7.Humanitarian action, through facilitating the flow of relief and humanitarian assistance in accordance with the agreed regulations.
29.8.Medical evacuation.
29.9.Routine movements of the armed forces related to securing international borders and
confronting national security threats.
30. Prohibited Acts:
30.1.Military activities, including military movements, reconnaissance, hostile reinforcements,
recruitment, mandatory conscription, and military exercises, except those authorized by
the Joint High Military Committee.
30.2.Military operations on land, air, or rivers.
30.3.Laying landmines or undertaking other acts of sabotage.
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30.4.Use of force against and mistreatment of civilians.
30.5.Hostile propaganda and psychological warfare, whether from within the country or from
abroad.
30.6.Occupation of new locations.
30.7.Mandatory conscription or inclination towards unauthorized mobilization.
30.8.Recruitment of child soldiers.
30.9.Provocative and hostile actions that may lead to a confrontation.
30.10.Violation of human rights, international humanitarian law, and obstruction of the
freedom of movement.
30.11.Espionage, sabotage, and vandalism with the aim of undermining either Party to the
agreement.
30.12.Polarization and counter-polarization between the Parties to this agreement.
30.13.Any other acts that may delay the natural progress of the permanent ceasefire.
31. The Parties shall abide by all the permissible acts and refrain from prohibited acts set forth in the humanitarian agreement signed by the Parties.
32. All the aforementioned permissible and prohibited acts shall be subject to the command and control mechanism as agreed upon by the Parties.
33. Measures to be taken in the event of violations of the agreement:
In the event of any breach of the provisions of this agreement, the Joint Military Ceasefire Committee and the Joint Military Committee of the area shall define the appropriate measures, which include the following:
33.1.Investigation of violations.
33.2.Identification of the parties involved in the violations.
33.3.Exposing the perpetrator, naming and shaming the perpetrator, or recommending harsh
penalties be imposed upon the perpetrator in the event that they were involved in serious
violations.
33.4.Recommending that the individual or parties involved be referred to a civil, criminal or
military trial, as appropriate.
33.5.The Parties agree to follow up on recommendations for disciplinary measures, based on
the proposal of the Area’s Joint Military Committee.
34. The Parties agree that the phases of the final security arrangements shall include the following:
34.1.Continuation of the cessation of hostilities for humanitarian purposes, in accordance with the provisions of the Agreement on the Provision of Humanitarian Assistance and Cessation of Hostilities in the Blue Nile and southern Kordofan/ Nuba Mountains signed in Juba on 21 October 2019.
34.2.Implementation of the permanent ceasefire program.
34.3.Implementation of the integration program in military and security institutions.
34.4.Implementation of DDR programs.
34.5.Implementation of the structuring plan which refers to the reform, development, and
modernization;
and the new military doctrine for the military and security institutions which shall be professional, unified, non-politicized, and reflective of the diversity of Sudan.
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35. Cessation of Hostilities Phase:
35.1.The Parties shall abide by all the provisions of the Agreement on the Cessation of
Hostilities for Humanitarian Purposes as a necessary step for confidence-building.
The Parties reaffirm commitment to pursue a peaceful solution for conflicts in Sudan in general and in the Two Areas in particular.
The permanent ceasefire agreement and the mechanisms therein shall replace and be considered as an extension of the Agreement on Cessation of Hostilities for Humanitarian Purposes.
36. The Parties shall continue to monitor the cessation of hostilities through the Joint Committee to ensure that both parties control their forces and comply with the cessation of hostilities agreement signed by the Parties, in the presence of a third party for monitoring and verification.
37. Each party shall continue to cease all military and media hostilities targeting the other party.
38. Humanitarian access during the permanent ceasefire:
38.1.The Parties shall commit to complying with the Humanitarian Assistance Agreement
signed by the Transitional Government and the SPLM-N/SRF in Juba on 21 October,
2019.
38.2.The Parties shall commit to ensuring the continuation of safe, immediate and unhindered
humanitarian access and the non-obstruction of the flow of humanitarian assistance from
within Sudan or across the border for the affected populations.
38.3.The Parties shall commit to ensuring the safety and protection of humanitarian workers,
equipment, and property.
38.4.The Parties shall commit to protecting and securing humanitarian assistance from looting,
theft, and corruption.
38.5.The Parties shall abide by comprehensive measures that regulate the movement and
protection of humanitarian assistance convoys in the Two Areas.
38.6.The Parties shall abide by the principles and spirit of international humanitarian law while
enforcing the permanent ceasefire.
39. Preparatory Phase of the Ceasefire:
39.1.The permanent ceasefire shall begin immediately upon signing the final peace agreement
and shall replace the Cessation of Hostilities Agreement in force.
39.2.The Parties, upon declaring the permanent ceasefire and entry into force thereof, shall
commit to immediately embark on defining the assembly areas for the SPLA-N/SRF forces through the Joint High Military Ceasefire Committee in areas to be agreed upon by the Parties.
40. The Parties agree that once the war is completely over in the Two Areas, the armed forces, through the mechanisms of the security arrangements and the permanent ceasefire, shall be deployed so as to support civil activities as well as the freedom of movement of civilians and going about their lives normally.
41. The Parties agree to evacuate all civil institutions.
42. The criteria for the assembly areas during the integration phase shall include the following:
42.1.Shall not be in an area with disputed lands.
42.2.Shall be prepared for assembly and easily accessible.
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42.3.Shall be far away from populated areas.
42.4.Any other criteria to be agreed upon by the Parties.
43. The Parties shall commence, through a joint committee and a third party, the preparatory procedures, including verification, classification, monitoring, and inventory of weapons.
44. Afterdesignatingassemblyareasfortheforces,thePartiesshallundertakethefollowingsteps:
44.1.Disengage and separate forces.
44.2.Define the movement and activities of their respective forces in their areas of control.
44.3.Define buffer zones and humanitarian assistance routes.
44.4.Commit to not engage in any military activity in the agreed buffer zones.
44.5.Each party shall establish a command center with responsibility for the command and
control of its forces.
45. SPLA-N/SRF forces situated outside of the Two Areas will be assembled and integrated into the Two Areas through the joint mechanisms stipulated in this agreement.
46. Monitoring Arms and Assets:
46.1.The Joint High Military Ceasefire Committee shall oversee and monitor the process for
weapons and equipment inventory, inspection, and classification.
46.2.The Ceasefire Committee shall, along with a third party, identify the weapons and
equipment that SPLA-N/SRF forces are required to hand over, within a period to be agreed upon in the relevant schedule therefor, upon arrival of the forces to the agreed assembly areas.
46.3.The Disarmament Committee shall collect weapons and military assets and shall recommend how they shall be handled.
47. Verification of Forces:
47.1.The first Party shall deliver precise maps of locations where its forces are deployed in the
Two Areas to the Chairman of the Ceasefire Committee.
47.2.The second Party shall deliver precise maps of locations where its forces are deployed in
the Two Areas to the Chairman of the Ceasefire Committee.
47.3.The maps and information related to the locations of any Party shall not be exposed to
any other party.
48. The Parties shall abide by DDR principles related to the handling of child soldiers, persons with special needs, and women recruited in connection with the war.
49. Command and Control Committees:
49.1.It has been agreed that the Mediator and the guarantors shall participate in the tasks of the
committees and supervise those where specified in this agreement.
50. This agreement shall include an implementation matrix which will define the activities, the responsible implementing party, the timing, and phases of implementation.
51. The Government of Sudan shall provide protection for important persons and appoint a joint guard force in which the second party contributes 66 persons.
The first party shall undertake the administrative arrangements of this force.
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52. Functions of the Command and Control Committees:
52.1.The Joint High Military Committee for Security Arrangements represents the highest
level of command and control and shall undertake joint command and control functions.
The Joint High Military Committee for Security Arrangements shall be established and shall assume the tasks of command and control over the forces of the Parties in the Two Areas in accordance with the agreed integration arrangements and all security arrangements procedures as follows:
52.1.1.Supervising, monitoring, and verifying the implementation of the agreement.
52.1.2.Urging the Parties to rise to the level of their commitments pursuant to the
agreement.
52.1.3.Briefing the Parties on the latest progress achieved in terms of the implementation
of the agreement.
52.1.4.Coordinating with other relevant domestic and international parties.
52.1.5.Resolving disputes arising from ceasefire violations based on the reports of the
Joint Military Ceasefire Committee and referring issues that could not be resolved to
the Chair as agreed upon in the final peace agreement.
52.1.6.Taking measures to address violations.
52.1.7.Encouraging confidence building between the Parties and briefing the IGAD, the
AU and the UN on ceasefire implementation as necessary.
52.1.8.Committee decisions shall be taken by consensus.
52.1.9.The Committee shall be headquartered in Khartoum and shall hold meetings on a
monthly basis.
53. Composition:
The Joint High Military Committee for Security Arrangements shall be composed as follows:
53.1.One senior military commander from each party, the chiefs of staff, or those delegated by
them and their assistants.
53.2.One senior officer from the other regular forces.
53.3.A legal advisor.
53.4.DDR Commissioner.
53.5.Humanitarian Assistance Commissioner.
53.6.A representative of the mediating country as a third party.
54. Functions of the Joint Military Ceasefire Committee:
54.1.The Parties agree to establish a Joint Military Ceasefire Committee to undertake the
following functions:
54.1.1.Receive all information and data related to the names, ranks, locations,
coordinates, time spent in service, qualifications, and other necessary information
with regard to SPLA-N/SRF combatants.
54.1.2.Develop and design a comprehensive plan for the assembly and quartering of
SPLA-N/SRF forces in the Two Areas, as well as for the counting and classification
thereof.
54.1.3.Supervise compliance of the Parties with their obligations under this agreement.
54.1.4.Supervise the enforcement of security arrangements.
54.1.5.Receive, verify, and make decisions on the violations, disputes and complaints that
have not been resolved.
54.1.6.Monitor demining activities and deactivation of unexploded ordnances and any
other military threats.
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54.1.7.Disseminate information on and raise awareness of the content of the agreement.
54.1.8.Assist the Parties during the integration and disarmament of armed groups.
54.1.9.Coordinate the work of the different committees.
54.1.10.Supervise and monitor the implementation of the ceasefire until the training of
the SPLA-N/SRF forces in the Two Areas and their integration into the Sudanese
Armed Forces and other regular forces is completed.
54.1.11.Facilitate communication between the Parties.
54.1.12.Investigate complaints and work to develop necessary solutions.
54.1.13.Solve any problem that may arise during the implementation of the agreement.
54.1.14.Submit the complaints in question to the Joint High Military Committee.
54.1.15.Coordinate monitoring and verification for the disengagement, disarmament, and
redeployment of forces in accordance with this agreement.
54.1.16.The Committee shall be headquartered in Khartoum and shall convene biweekly
and as necessary.
55. The Joint Military Ceasefire Committee shall be composed as follows:
55.1.A representative of the third-party mediator state as chairperson.
55.2.Three (3) officers with the rank of general/colonel from each party.
55.3.One officer from each of the other regular forces.
56. The Joint Military Ceasefire Committee for the Area:
56.1.Two Joint Military Ceasefire Committees in the Two Areas shall be established in
Kadugli and ad-Damazin.
They shall assume the following functions and duties:
56.1.1.Supervise the processes of collecting, verifying, confining, classifying, and storing
of weapons.
56.1.2.Coordinate and exchange information and reports with the Joint Military Ceasefire
Committee.
56.1.3.Monitor and verify complaints and violations and resolve disputes.
56.1.4.Submit periodic reports and refer unresolved complaints to the Joint Military
Ceasefire Committee.
56.1.5.Hold weekly meetings in the area, apart from emergency situations.
57. The Parties agree to establish two military committees for the Two Areas.
Each committee shall be composed of:
57.1.A representative of the third-party mediator state as chairperson.
57.2.Three (3) observers with the rank of colonel/lieutenant colonel from each Party.
57.3.One officer from each of the other regular forces.
58. Military Field Committees:
58.1.The Parties agreed to establish Military Field Committees in the Two Areas to assume the
following functions:
58.1.1.Conduct regular visits and patrols at all relevant locations to supervise the
permanent ceasefire.
58.1.2.Conduct monitoring and verification activities and submit violations to the Joint
Military Committee for the Area.
58.1.3.Submit periodic reports to the Joint Military Committee for the Area.
58.1.4.Assist the confinement and classification committees and the technical integration
committees.
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59. Composition:
59.1.A representative of the mediator state as chairperson.
59.2.Three (3) officers with the rank major/captain from each party.
59.3.One officer from each of the other security forces.
60. Code of Conduct:
members of the permanent ceasefire and final security arrangements committees and monitors shall, at all times, abide by the code of conduct which includes:
60.1.Adopting of the principle of dialogue, appropriate and polite language should be used
during deliberations.
60.2.Members shall address the Chairperson with regards to any issue they wish to raise.
60.3.Any personal assault or hostility by any member shall not be acceptable.
60.4.All members shall be punctual.
60.5.No member of the Ceasefire Committee shall be allowed to speak to the media or issue
statements on behalf of the Ceasefire Committee without prior authorization by the
Chairperson.
60.6.The deliberations of the Ceasefire Committee shall be confidential, and may only be
shared on need-to-know basis.
60.7.Actions that may undermine the credibility of either party shall be avoided.
60.8.The interests of the population in the Two Areas and other people residing therein,
including women and children, shall be prioritized over personal considerations.
60.9.Understanding the mandate of the Ceasefire Committee and acting within its scope.
60.10.The Chairperson shall monitor the work of the Ceasefire Committee’s Secretariat and
all sectoral sub-committees in accordance with the definition stipulated in this agreement.
Sector commanders and the head of the Ceasefire Committee’s Secretariat shall report directly to the Chairperson of the Committee with regard to management of the resources under their control.
60.11.Sector commanders shall exercise control over and monitor the ceasefire sectoral sub- committees and the on-site teams located within the boundaries of their respective jurisdiction.
Sector commanders shall remain accountable before the Chairperson.
Reports developed by the ceasefire sectoral sub-committees on violations shall be submitted to the Chairperson through the Ceasefire Committee Secretariat.
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DISARMAMENT, DEMOBILIZATION AND REINTEGRATION (DDR)
61. The DDR process shall be built on the Parties recognition of the following:
61.1.The goal of DDR is to contribute to creating a safe environment, supporting social stability throughout the country in the post-final peace agreement period, especially the
war-affected areas.
61.2.The DDR process is complex, with political, military, security, humanitarian, social, and
economic dimensions.
The DDR process aims to address post-conflict security problems which may arise as the result of leaving former combatants without livelihoods or support networks, other than their former comrades in arms, during the transition from conflict to peace, and then to development.
61.3.The DDR program shall be implemented within a comprehensive nationwide process of reconciliation and healing, as part of the peacebuilding and confidence-building measures.
62. General Principles and Guidelines:
62.1.Disarmament is the collection, documentation, control, and disposal of small arms,
ammunition, explosives, and light and heavy weapons from combatants.
They are often collected from civilians as well.
Disarmament also includes responsible program development and management of weapons.
62.2.Demobilization is the official discharge of fighters from armed groups.
The first stage of demobilization may extend from the demobilization of individual combatants in temporary posts to the demobilization of large numbers.
The second stage includes providing a support package to demobilized individuals, which is referred to as social reintegration and housing.
62.3.Social reintegration is the process through which former combatants obtain the status of a civilian citizen and practice a profession to help them generate a stable income.
Reintegration is necessarily a social and economic process with a specific timeframe.
It mainly takes place in communities at the local level and it is part of the general development of the country.
It is a national responsibility and it usually requires external assistance in the long-run.
62.4.The Parties shall promote and strengthen institutions working on issues related to the families of martyrs and the wounded, provided that it includes martyrs and the wounded from both Parties.
63. Joint DDR Committee:
63.1.The Parties shall establish two DDR committees in the Two Areas to undertake the
following tasks:
63.1.1.Plan and implement the DDR process within the agreed timeframe.
63.1.2.Create national institutions to lead the DDR process.
63.1.3.Address the status of those who are unfit for military services or who are unwilling
to be reintegrated in accordance with the DDR programs in coordination with the
National DDR Commission.
63.1.4.Establish sub-committees in the specific areas to be selected to implement the
DDR tasks.
63.2.Composition:
the two committees shall work under the complete supervision of the
National DDR Commission while ensuring effective participation of the Parties to the agreement in a way that leads to the implementation of their tasks.
The two committees
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shall be composed of the following:
63.2.1.Six (6) representatives of the Government of Sudan.
63.2.2.Six (6) representatives of SPLM-N/SRF.
63.2.3.Other components, partners, and donors in accordance with the Juba Declaration.
63.2.4.A third-party representative.
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INTEGRATION
64. Due to the prolonged civil wars and the policies of the defunct regime that have deformed the military-security system, the Glorious December Revolution constitutes a unique opportunity for reforming, developing and modernizing the military establishment and other security services;
building a professional national security and military system with a monopoly on the use of weapons to defend higher national interests, in a democratic civil regime, in accordance with the Constitutional Declaration and the peace agreement.
65. Constructing the Sudanese Armed Forces as a national professional non-politicized army, with a new military doctrine that reflects the diversity of Sudan and protects the higher national interests of the country.
66. The ultimate purpose of the integration process is for the Sudanese Armed Forces, with its new military doctrine that protect citizens, the homeland and the constitution, to be the only professional national army;
and to integrate all other forces present on Sudanese territory in a unified professional national army.
67. Upon the signing of this agreement, and based on the nationwide ceasefire agreement and the command and control mechanisms provided for in this agreement, the units that will be integrated shall be an integral part of the Sudanese armed forces command, in accordance with the integration agreement and schedules thereto.
68. Security Arrangements and Phases:
68.1.Security arrangements shall be conducted in three phases that shall be strictly
implemented in accordance with the timetables established in the implementation matrix.
Phase one shall have a duration of (12) twelve months, to be followed by phase two with a duration of (14) fourteen months, and then a third and final phase with a duration of (14) fourteen months.
68.2.Phase One:
the integration period shall be for a (12) twelve month period, beginning immediately upon signing the final peace agreement with joint arrangements between the Parties and the entry of the SPLA-N/SRF forces to the assembly and organization areas, as specified in the permanent ceasefire agreement for the regular forces, especially the Sudanese Armed Forces.
Their function as a military wing for the SPLM-N/SRF shall come to an end, and they shall be fully professionalized forces affiliated with the regular forces and armed forces as an integral part thereof.
They shall be subject to the laws and traditions of those institutions within the context of the reform, development, and modernization of the military institution and security services, as well as the professionalization of the armed forces with a new military doctrine that reflects the diversity of Sudan in accordance with the provisions of the security arrangements agreement of the final peace agreement between the Government of Sudan and SPLM- N/SRF.
69. Phase Two:
SPLA-N/SRF forces shall work in battalions within their areas, in accordance with the deployment plan of the Sudanese Armed Forces in the relevant sector during the (14) fourteen months after integration, in accordance with the timetable and the security arrangements agreement.
70. Phase Three:
SPLA-N/SRF forces shall work in companies, in accordance with the Page 122 of 242
nationwide deployment plan of the Sudanese Armed Forces during the (14) fourteen months after the end of Phase Two, pursuant to the timetable and the security arrangements agreement.
71. At the end of the final security arrangements phases, the integrated forces at the individual level shall be an integral part of the Sudanese Armed Forces.
72. SPLA-N/SRF forces shall be subject to the administrative and financial regulations of the Sudanese Armed Forces upon the start of Phase One of the security arrangements.
73. The processes of reform, development, and modernization in accordance with the new military doctrine shall be a continuous process for building a national professional army.
74. The assembly and quartering areas for combatants shall be under the supervision of the Joint High Military Committee for Security Arrangements and other relevant mechanisms within the assembly and quartering areas, in accordance with the schedule agreed upon by the Parties as follows:
75. Assembly, quartering, and subsistence of the those designated during the integration process.
76. Listing and classification of those who are fit for military service according to the principles and standards of the armed forces and security services in separate manifests in preparation for the completion of integration procedures.
77. SPLA-N/SRF shall submit lists with the names of its combatants to the Joint Military Ceasefire Committee immediately upon the entrance of forces into the assembly areas.
78. The Parties shall submit reports within seven days from the date of signing the final peace agreement.
79. The subsequent arrangements, especially the integration and reintegration processes, shall be made according to the lists of names provided by the SPLA-N/SRF after verification.
80. Collecting arms and ammunition from combatants and storing them shall be conducted under the supervision of a third party.
81. Individuals fit for military service, according to the requisite bases and standards, shall be moved to the training centers of the armed forces and other regular institutions, in accordance with the agreed timetables.
82. Children, the elderly, and the disabled shall be listed and classified and their statuses shall be adjusted in rehabilitation camps within the agreed timeframe.
83. Based on the results of listing and classification of individuals fit for military service and other regular [security] services, the following shall be undertaken:
83.1.Identification of the number of battalions and units that can be created from the forces of
SPLA-N/SRF in the Two Areas in accordance with the regulations of infantry battalions
and the formations of other regular forces for the purposes of inventory and categorization.
83.2.Identification of the number and ranks of commissioned and non-commissioned officers and soldiers, and upon which they shall be integrated in the formations and units of the
Sudanese Armed Forces and other regular forces according to the agreed criteria.
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83.3.Military training shall take place in training centers of the armed forces and other regular forces to be designated by the Parties for a specified period, but for not less than four months pursuant the timelines to be agreed upon.
83.4.
After completing the basic military training, graduates shall be integrated into the formations and units of the Sudanese Armed Forces and other regular forces according to the bases, criteria, and proportions of the total numbers of those formations and units, as well as the national budget of the state.
83.5.All the procedures of assembly, quartering, listing, classification, training, and integration of combatants shall be implemented in accordance with the specified timetable.
84. There shall be SPLA-N/SRF Assembly Areas both within and outside of the Two Areas, in locations to be agreed upon by the Parties within the Joint High Military Committee for Security Arrangements.
85. The number of former combatant men and women who will be integrated into the Sudanese Armed Forces and security forces shall be specified subject to the following criteria, taking into consideration positive discrimination:
85.1.Sudanese nationality;
85.2.No less than 18 years of age;
85.3.Medical and physical fitness;
85.4.Not convicted of an offense that infringes upon honor and honesty;
85.5.Voluntary consent of the individual.
86. Criteria for officers:
in addition to the aforementioned provisions, the criteria for selecting officers shall include:
87. Literacy
88. Have not been dismissed from the Armed Forces and other security services due to incompetence or misconduct.
89. The Police:
89.1.The Sudanese police force shall be a professional national force with no affiliation to any
party, group, faction, region, or area.
It shall owe allegiance to the homeland.
Joining the
force shall be guaranteed for all Sudanese people.
89.2.The Parties recognize the need to reform the Sudanese police force to upgrade its
capabilities, enhance its professionalism, and increase its effectiveness.
89.3.The Parties recognize that the police force shall be a law-enforcement service that is composed and commanded at the national level, and functions at the state level with the
presence of federal departments that undertake their federal obligations and duties.
89.4.The Parties agree to integrate the number to be agreed upon (including males and females)
of the SPLA-N/SRF forces in the different departments of the Sudanese police.
89.5.A Joint Police Technical Committee shall be established to integrate commissioned and non-commissioned officers and soldiers in accordance with the conditions and criteria
therefor.
90. The Joint Police Technical Committee shall be composed of the following:
90.1.Representatives of the Sudanese police.
90.2.Representatives of the police from SPLA-N/SRF forces.
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90.3.The Joint Police Technical Committee shall submit its recommendations to the security arrangements’ higher joint military committee for approval and adoption.
91. Duties of the Joint Police Technical Committee:
91.1.Receive the agreed list of candidates for integration into the police force.
91.2.Review official identification documents and certificates and conduct the necessary
checkups and medical examinations.
91.3.Review the terms, criteria, and plans for integration into the police force, taking into
consideration positive discrimination for the population of the Two Areas, especially
women, provided that the specified criteria is not violated.
91.4.Determine the proposed ranks for the commissioned and non-commissioned officers.
91.5.Recommend enlisting them in the police training centers.
91.6.The state shall provide the necessary logistics and budget for the integration process.
91.7.The Parties agree on the necessity of accelerating the integration process and assembling
the police forces in the Two Areas in agreed locations.
91.8.The Parties agree that during the transitional period the police force shall undertake the
following functions:
91.9.Prevent and combat crime.
91.10.Enforce the law, maintain public order, and ensure the safety of money, people, and
public tranquility.
91.11.Undertake all internal security operations, including securing strategic and vital
facilities, protecting important persons, and maintaining communal security.
91.12.Combat organized and cross-border crime, including terrorism, human trafficking, illegal migration, weapons and drugs smuggling, money laundering and electronic crimes.
91.13.Combat corruption.
91.14.Provide police services which include the civil record, passports, traffic policing and
civil defense.
91.15.Undertake functions of the prison sector, protect wild life, and engage in customs
functions without violating the technical jurisdiction of the Ministry of Finance.
91.16.Protect and secure IDP camps and participate in securing humanitarian assistance routes.
91.17.Protect and secure the roads and villages for voluntary return of IDPs and refugees.
91.18.Protect families and children.
91.19.Ensure the rule of law and bring perpetrators to justice.
92. The Parties shall seek, with the international community, ways to provide technical assistance for police training and capacity building in order to maintain peace and the rule of law.
93. The General Intelligence Service:
93.1.The Parties recognize that the General Intelligence Service shall be a national body whose
members may not have any political affiliation or affiliation to a group, faction, region, or area.
It shall owe allegiance to the homeland.
Joining the Service shall be guaranteed for all Sudanese people in accordance with applicable criteria and standards.
93.2.The Parties agree to integrate the agreed number of officers and individuals from the SPLA-N/SRF intelligence into the General Intelligence Service in accordance with applicable criteria and standards, taking into consideration positive discrimination.
93.3.The parties agree to establish a Joint Technical Committee to undertake the task of integrating the officers and individuals of SPLA-N/SRF into the General Intelligence Service in accordance with the agreed upon criteria.
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93.4.The Parties recognize the need to reform the General Intelligence Service with the aim to build its capacity, enhance its professionalism, and increase its effectiveness.
94. The General Intelligence Service shall have the following competencies:
94.1.
The General Intelligence Service shall work in accordance with the competencies and
functions stipulated in the Constitutional Declaration.
94.2.
Preserve the national security of Sudan, protect its constitution, social fabric, and the
safety of its citizens from any threat, in coordination with other regular forces.
94.3.Collect, analyze, and evaluate information related to the security of Sudan and
recommend taking the necessary preventative measures.
94.4.Undertake the necessary search and investigation to reveal any conditions, facts,
activities, or elements that may infringe on the national security and safety of Sudan, in
accordance with the provisions of the law.
94.5.Provide opinions, advice, consultation, and services in the areas of security and
intelligence to the different state services, so as to ensure the safety and security of the
state.
94.6.Analyze and assess domestic and international public opinion and submit the findings to
decision makers.
94.7.Reveal threats emanating from destructive activity in the areas of espionage, terrorism,
extremism, conspiracy, and vandalism.
94.8.
Uncover and combat subversive activities of organizations, groups, individuals, foreign
countries, or Sudanese groups within Sudan and abroad.
94.9.
Cooperate with counterparts or friendly agencies in exchanging information;
and
countering terrorism or acts that threaten common order and security or any matter related
to foreign security.
94.10.Protect important persons and public facilities and secure cities in coordination with
other regular forces.
94.11.Undertake any other functions for which it is tasked, provided that such functions are
not inconsistent with the Constitution.
95. The Media:
A Joint Military Media Committee shall be established that includes all parties to the final security arrangements to work together for the promotion of the peace agreement in general and the security arrangements in particular to the community and to create a new spirit between the forces partaking in the reform, development, and modernization of the military and security institutions, which include the partners of peace.
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REFORM, DEVELOPMENT AND MODERNIZATION OF THE MILITARY AND SECURITY ESTABLISHMENT
Cognizant of the risks facing our country and the urgent need to defend our national interests and sovereignty without infringing on any party, take part in maintaining regional and international peace and security, and ensure the resilience of Sudanese military and security system in the face of fluctuations in our region and the world.
Taking into consideration past experiences that plunged the Sudanese Armed Forces into civil conflicts and maintenance of internal security.
Resolved to employ the peace agreement to undertake national reconciliation and recovery and to mobilize the Sudanese people to support and assist in the implementation of reform, development, and modernization of the military institutions and security bodies.
This process shall take place in a conducive environment recognizing the importance of this sector in defending the overarching interests of the state, maintaining its rights, and protecting its citizens and soil as its most sacred duty.
Determined to steer our country towards ending wars and reforming, developing, and modernizing regular forces foremost among which are the Sudanese Armed Forces.
The mechanisms below shall undertake these missions of utmost importance for our country in accordance with the provisions of the Constitutional Charter and the final peace agreement.
96. Mechanisms for the reform, modernization, and development of the military-security sector in the Republic of Sudan
96.1.Security and Defense Council:
96.1.1.The Council shall approve the general plan related to the reform, development, and modernization of the military institution and security services and monitor implementation thereof.
96.1.2.The Council shall hold periodic meetings, as agreed-upon, to review the implementation of the security arrangements agreement as part of the final peace agreement.
To ensure the implementation of the security arrangements agreement, leaders of armed struggle movements signatory to the peace agreement that do not have representatives on the Council shall be invited to the meetings thereof.
In the event of any developments, the Council shall hold an emergency meeting upon request of the Joint High Military Committee for Security Arrangements concerned with the implementation of the agreement, in order to discuss the situation for which the Security and Defense Council has convened.
96.2.The Sovereign Council and Council of Ministers
96.2.1.Among other tasks, the Sovereign Council and Council of Ministers shall monitor
the implementation of the security arrangements agreement and provide the necessary resources for the implementation of the agreed reform, modernization, and development plan.
96.3.Security and Defense Committee within the Transitional Parliament 96.3.1.Among other duties, the Security and Defense Committee within the Transitional
Parliament shall pay special attention to monitoring the implementation of the security arrangements agreement and the reform, modernization, and development plan for the military institution and security services.
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97. The Parties agree that areas for reform in military and security institutions shall include the following:
97.1.Reforming laws concerning military institution and security services.
97.2.Dismantling military units and political institutions that are affiliated with the former regime;
and safeguarding the armed forces and security institutions from political,
regional, ideological, and tribal affiliations to ensure their allegiance to the homeland.
97.3.Demographic diversity and equal opportunity shall be observed in recruitment for all
formations and units within military institution and security services.
97.4.Training shall be upgraded and attention shall be accorded to scientific research as one of the main tools for the development of self-capacities and development of arms and
equipment.
97.5.Existing bilateral military cooperation with countries in the region and the world shall be
maintained and shall be developed in furtherance of mutual interests.
97.6.The new military doctrine shall be based on the Constitution.
97.7.The combat doctrine of the Sudanese Armed Forces shall be implemented in accordance
with the training policy and the training conducted in military institutes, colleges, and
training centers.
97.8.Units and formations shall be reorganized and any loss of strength shall be addressed.
97.9.Legally authorized [military and security] services shall have exclusive possession of
arms.
97.10.Modernizing equipment and according attention to the individual and working
environment.
97.11.Reviewing the strategic deployment of the armed forces to ensure border defense and
maintenance of state sovereignty.
97.12.Introducing strict measures to prevent the spread of extremist ideologies to the armed
forces and security institutions.
97.13.Logistic preparation of fields of operation including constructing roads, airports,
heliports, marine bases, defense sites, command and control centers, and water and power
sources, among others.
97.14.Developing bilateral relations with neighboring countries, the region, and the world in
military and security fields in furtherance of mutual interests and contributing to the
maintenance of regional and international peace in accordance with the Constitution.
97.15.The state shall secure funding for the development and modernization of military and
security institutions.
98. The Mediator, Guarantors and the UN Mission for Peace
98.1.The roles undertaken by the mediator, guarantors, and the United Nations for the
implementation of this agreement shall be determined without prejudice to the national sovereignty and territorial integrity of Sudan in accordance with the final political agreement.
98.2.The Mediator and guarantors shall undertake the following:
98.2.1.Monitoring and following the implementation of this agreement undertaking
consistent documentation thereof.
98.2.2.Maintaining close contact with the peripheries to promote complete commitment
to the provisions of this agreement;
and facilitating their efforts to this end.
98.2.3.Planning for the provision of technical assistance, support, and supervision of
post-conflict activities, as well as establishing and activating the bodies stipulated in this agreement, including but not limited to provision of capacity building and
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training in addition to provision of resources, experts, and advisors.
98.2.4.Assessing progress in implementation, informing the Parties of any developments
that may result in delays, and proposing appropriate measures in this regard.
98.2.5.Assisting the mobilization of the necessary political and material support to the
full implementation of this agreement.
98.2.6.Any additional tasks as appropriate in line with the letter and spirit of this
agreement.
99. The appendices and implementation matrices shall be part of this agreement upon adoption by the Parties and before signature hereof.
100. Final Provisions
100.1.The methods and timing for integration provided for this agreement may not be amended
by any other agreement without approval of the Parties.
100.2.Implementation:
This agreement shall be implemented in accordance with the
implementation matrix.
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TITLE 4.
EASTERN SUDAN TRACK AGREEMENT BETWEEN
THE TRANSITIONAL GOVERNMENT OF SUDAN AND
THE SUDAN REVOLUTIONARY FRONT
Preamble
The Transitional Government of the Republic of Sudan and the Sudan Revolutionary Front (Eastern Sudan Track), hereinafter “the Parties”;
Seeking to realize comprehensive, just, and durable peace and maintain Sudan’s unity, territorial integrity and sovereignty;
Reiterating their desire to reach a lasting solution for issues related to Eastern Sudan for the realization of the slogans of the revolution (freedom, peace and justice);
Pursuing inclusive, just and sustainable development nationwide;
Reaffirming their commitment to the agreements signed between the Transitional Government of Sudan and the Revolutionary Front, namely the Juba Declaration of Confidence Building Procedures and the Preparation for Negotiation signed on 11 September 2019 and the Political Declaration signed on 21 October 2019;
Convinced of the urgent need to establish comprehensive peace in Sudan addressing the root causes of crisis and conflict in Sudan;
Wishing to end the state of war, political and social tension and their implications and causes;
Acknowledging that the crisis in Eastern Sudan is caused by political, economic, social and cultural marginalization;
The Parties agreed to the following:
CHAPTER ONE THE POLITICAL ISSUE
General Principles
First:
Sudan is a sovereign, democratic, parliamentary, pluralistic and decentralized state where rights and duties are based on citizenship without discrimination on grounds of race, faith, culture,
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sex, color, gender, social or economic status, political opinion, disability, regional affiliation or any other reason.
Second:
In order to eliminate political marginalization in Eastern Sudan, the Parties agree to the following principles:
1. Adopting a decentralized, federal, pluralistic and democratic system of governance which ensures delegation of powers and resource allocation and which comprises three levels of governance (federal –state-level/Regional – local).
2. Ensuring active and fair participation for the men and women of Eastern Sudan in power at national, regional/state and local levels as well as in all organs of the state in accordance with proportions of the population and positive discrimination while observing qualification and competence criteria.
3. Asserting the fair representation of women while observing qualification and competence criteria.
Women participation shall constitute no less than 40% at all levels.
4. Ensuring the participation of the youth in authority by a specified percentage.
Human Rights and Transitional Justice
5. The federal government shall endeavor to promote human rights in accordance with ratified international and regional instruments and protect freedom of expression, thought, belief and political affiliation;
6. The Parties affirm their willingness to cooperate fully and without restrictions in relation to persons against whom arrest warrants have been issued including, among other things, facilitating bringing those wanted to the International Criminal Court to stand trial;
7. The Parties shall consider signing and ratifying treaties, agreements and protocols, particularly those related to the rights of women, children and families and complying with the international law and rules of human rights;
8. Codifying UNSC resolution 1325 related to Women, Peace and Security;
9. The Federal Government shall endeavor to carry out fair investigations and trials for all violations perpetrated in the region since 30 June 1989, particularly the events of 29 January 2005, the events of 27-28 Ramadan 2019 in Port Sudan, preceding events in the state of al- Qadarif and the rest of the region and the various events that followed in the region by forming independent investigation committees and bringing perpetrators to stand trial as soon as possible;
10. Guaranteeing the rights of shipping and unloading workers onboard and off-board ships and reaching lasting remedies for their employment status in accordance with the law;
Social Peace and Freedoms
11. The Federal Government shall endeavor to consolidate social peace among the different components of the states/region through revising laws and enforcement mechanisms thereof
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and making the necessary decisions, workshops and conferences for that purpose;
Participation at the National Level
12. Eastern Sudan Track’s share at the national level shall be included within the peace bloc;
Participation at the Regional/State-Level
13. The Parties agreed to allocate 30% of the representation for the opposition’s Beja Congress and the United Popular Front for Liberation and Justice at legislative and executive levels in Eastern Sudan’s three states as appropriate for the goals of just peace.
Representation of the People of the East in Civil Service
14. The Parties agreed to remedy the imbalance in national civil service for citizens of Eastern Sudan at all levels of employment proportionate to population weight and according to positive discrimination criteria provided that appointment is made according to qualification and competence standards;
15. The Federal Government shall endeavor to accommodate the men and women of Eastern Sudan in all national civil service posts by a percentage of up to 14% of all public employment posts.
This shall be done under the supervision of the National Commission for Civil Service Reform;
Education and Human Development Issues
16. The Parties reaffirm that education is a right guaranteed for every citizen.
The state shall ensure that basic education is free and mandatory and endeavor to eradicate illiteracy;
17. The Federal Government shall prioritize the promotion of education at all levels in Eastern Sudan and pay utmost attention to the education of girls;
18. The Federal Government shall endeavor to promote and celebrate local languages.
Competent national institutions shall consider methods to integrate them into national curricula in the framework of the overall policy for other national languages;
19. The state/regional government shall endeavor to open boarding schools as needed;
20. The Federal and state/regional government shall endeavor to develop and disseminate professional and vocational education in the state/region;
21. The principle of positive discrimination shall be applied to the men and women of the East in higher education scholarships and external university scholarships in accordance with the policies, regulations and standards of higher education;
22. The Government and the East Fund shall allocate a specified share of their resources to paying the tuition of students from Eastern Sudan in governmental universities after carrying out a social study;
23. The communal administration in Eastern Sudan shall urge citizens and encourage them to pursue education.
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Health Issues
24. The Government shall commit to providing primary health and reproductive health care and emergency services free of charge for all citizens in addition to developing public health and establishing, developing and rehabilitating essential treatment and diagnostic institutions;
25. The Federal Government and the state/regional government shall commit to improving and consolidating the health system and rehabilitating educational, reference and mobile hospitals, medical schools and health centers in addition to providing qualified medical staff and auxiliary personnel;
26. The Federal Government and the state/regional government shall commit to making specialized health centers available in rural and remote areas;
27. The Government shall commit to conducting an integrated study on the environmental and health impacts resulting from the use of asbestos in houses’ roofs and water networks in New Halfa area and introducing the necessary remedies;
28. The Government shall commit to conducting a study on endemics and contagious diseases in the state/region with the help of organizations working in the field of health and introducing the necessary remedies;
29. TheGovernmentshallcommittoconductingastudyonhealthandeducationtodeterminethe priorities and sites for establishing and rehabilitating schools, hospitals and health centers in coordination with the competent authorities;
Cultural Diversity
30. The Federal Government and the state/region government shall commit to promoting cultural diversity in all of the country’s media institutions and organs;
31. The Parties reaffirm that the diversity of languages, cultures and faiths of the people of Sudan is a source of moral strength and inspiration for the Sudanese people, so it should be protected, respected and developed;
32. The Federal Government shall work in coordination with the state/regional government on holding conferences on the issues of culture, cultural diversity and local heritage;
33. The Federal and state/regional government shall work on developing the capacity and upgrading the skills of the youth;
Conference of the People of Eastern Sudan
34. A comprehensive conference covering all issues of the East shall be held in one of the states of the East.
All political, civil and communal forces shall participate in the conference to complete the requirements of peace;
35. All committees and topics of the conference, selection and development of papers therein, and all matters related to the conference shall be undertaken by the government of Sudan, the Eastern Track, and other political, civil and communal forces in Eastern Sudan;
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36. The conference shall be funded through the general budget of the state of Sudan;
37. All recommendations issued by the comprehensive conference, which are not provided for herein, shall be deemed a complementary part of this agreement and the central government shall commit to implementing them.
The Agreement Implementation Committee
38. A high committee for the implementation of the agreement shall be created by the undersigned parties to this agreement, including the Federal Government, the Eastern Track and other political, civil and communal forces in Eastern Sudan.
The Federal Government shall assign the committee main offices and allocate the necessary budget.
CHAPTER TWO
THE SOCIOECONOMIC ISSUE
General Principles
39. Wealth of the country includes natural and human resources, historic and cultural heritage and financial and non-financial assets;
40. The main goals of economic development in Sudan is to combat poverty and ensure the fair allocation of wealth and secure a dignified life for citizens;
41. The government shall work on improving and managing the national economy and achieving economic growth and self-reliance through encouraging the policy of free market economy while preventing monopoly and engaging citizens in developing and implementing economic policies;
42. The Federal Government shall commit to developing strategies and policies that ensure social justice for all the people of Sudan;
43. A share of the revenues of national projects operating in the state/region shall be allocated for economic and social development within the respective state/region;
44. The Parties agree to establish a mechanism to work on determining the percentage of social responsibility from national projects for the states/Region of Eastern Sudan within three months of signing this agreement;
45. The Parties shall commit to working together to maintain a clean and healthy natural environment;
46. The government shall commit to taking effective measures for positive discrimination by adopting sustainable economic, social and developmental policies;
47. The government reaffirms the right of the state/ region to benefit from its natural, economic and developmental resources in accordance with the standards of wealth sharing and positive
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discrimination;
48. The government shall take the necessary measures to resume shipping and unloading operations and the measures of customs and customs clearance to the states/region of Eastern Sudan;
49. Reviewing investment laws and simplifying procedures.
Developing and Managing Natural Resources and Infrastructure
50. The Federal Government shall work on achieving the balanced, integrated and sustainable development goals in coastal areas of historic, economic and national importance and the fisheries and marine resources thereof and ensuring their protection and development;
51. The government shall work on reviewing financing policies for specialized banks, especially in the domain of agriculture;
52. In the context of positive discrimination, the government shall build internal paved roads which constitute an important piece of infrastructure for the desired development in Port Sudan, Kassala and Al-Qadarif, in addition to airports and heliports;
53. Paying attention to tourism in the region as an important resource for the economy by improving the necessary infrastructure and reviewing investment laws;
54. Addressing the problems of electricity in the state/region and improving the sources of energy by introducing sources of alternative energy and linking rural areas on the red sea, Kassala and al-Qadarif with the national grid.
55. The Government shall commit to addressing the problem of water in Port Sudan definitively from the Nile and al-Qadarif through Setit Dam and Kassala water harvesting projects;
56. Studying the establishment of free zones at the borders with neighboring countries;
57. Regulating traditional mining and addressing the resulting adverse environmental impacts and maintaining the rights of local communities;
58. The Parties agreed to allocate 30% of the Federal government’s net revenue from mineral and oil resources extracted from the states/Region of Eastern of Sudan for the benefit of these states/Region for a period of seven years.
Issues of Lands, Dams and Displaced Persons
59. Reaffirming sovereignty of the country and maintaining its lands in al-Fashqa and demarcating the borders with Ethiopia and resolving the issue of Halayeb.
60. The Parties agreed to create a regional lands commission in Eastern Sudan;
61. The Federal Government shall work through the National Lands Commission and the East of Sudan Lands Commission to review land settlement and registration laws, taking the local norms into consideration;
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62. The Government shall commit to creating a fair investigation committee in relation to displaced persons, to redress and preserve their humanity, revise land surveys and decisions of compensation committees and provide the necessary services including water, electricity, education, health, and security.
Its recommendations shall be submitted to the competent authority to undertake the necessary measures;
63. Reaffirming the importance of revising national and foreign investment contracts in the state/region;
64. Creating a committee for revising the contracts of building the dams of Upper Atbara River and Setit;
65. Addressing the conditions of internally displaced persons in the region by reconciling their status and providing them with basic services, including housing, health, education and security among other services;
Issues of Agriculture and Forestry
66. Reviewing and legalizing the status of agriculture projects in the three states, provided that they are registered in accordance with the law.
67. Revitalizing agriculture research centers and plant protection through training and qualifying staff to supervise the entire agricultural processes;
68. The Government shall encourage the establishment of manufacturing industries of agricultural, animal and fish products to prevent exporting raw material;
69. Activating the law of forestry and holding to account perpetrators of illegal logging at the cost of forestry;
70. Rehabilitating agricultural projects in the state/region, especially the projects of al-Qash Delta, Tokar, New Halfa and al-Rahad and providing the necessary assistance;
71. The Federal and state/regional governments shall commit to eliminating the scourge of Mesquite;
The East Development Fund
72. The Federal Government shall commit to reviewing the Eastern Sudan Reconstruction and Development Fund seeking the assistance of experts;
introducing a law for the Fund and restructuring it, provided that the parties of the Eastern Track are on its board of directors.
73. The Parties agreed to consult on the appointment of the executive director of the East Development Fund.
74. The resources of the Fund shall be allocated from the public treasury, donors and any other legitimate sources.
75. The Parties agree that the Government shall allocate an initial amount of 348,000,000 (three hundred forty-eight million US Dollars only), provided that this amount is deducted from the share of Eastern Sudan in the national resources.
This shall be considered part of the positive
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discrimination;
76. The Parties agree to establish the National Eastern Sudan Bank;
77. The return of collective work and revitalizing cooperative work and competition in the labor market;
78. Paying attention to manufacturing and small industries through the creation of service, professional, industrial, agricultural and other cooperatives and providing legal, immaterial and financial support;
79. Facilitating the procedures for the input of means of production and marketing and removing the obstacles;
80. Mainstreaming the cooperative sector to provide the necessary and consumer needs.
Controlling prices and providing subsidized commodities and preventing the monopoly of essential commodities;
81. The Parties affirm that every individual shall have the right to ownership or possession in accordance with the law and that usurped rights shall be returned to their legitimate owners by the law.
Reviewing Previous Rights and Projects
82. The Government shall commit to reviewing all internal local, regional and international investment agreements in the state/region including mining, agriculture, ports, electricity, water, construction and others.
and development projects which were reached between 30 June 1989 and the date of signing the present agreement and reviewing the studies that were prepared for those projects through a legal-economic committee and joint expert bodies;
83. The Parties agreed to review all usurped rights of those afflicted by the policies of the defunct regime in accordance with the law;
The Economic Conference
84. The Parties agreed to hold a conference to discuss and find solutions for issues of industry, agriculture and investment and in Eastern Sudan.
The conference shall be held in one of the eastern states and its committees and papers shall be determined by a joint committee by both Parties;
Addressing Other Issues
85. The Parties reaffirm that the Republic of Sudan shall have one national army and other national regular professional forces that reflect the Sudanese diversity and undertake the duty of protecting Sudan in accordance with the constitution and the law.
The right to join such forces shall be guaranteed to every Sudanese person who meets the criteria and conditions of joining those institutions;
86. The Parties recognize that the reintegration of former combatants is an important element for a peaceful and secure Sudan.
This shall support them make the transition to a productive civil
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life;
therefore, the Parties agree on the following:
86.1.The Transitional Government of Sudan shall commit, through a joint committee, to
reviewing the problems, if any, of the procedures of disarmament, demobilization and reintegration (DDR) stipulated in the East Agreement of 2006, and endeavoring to addressing them;
86.2.Observing the principle of positive discrimination for the engagement of the people of East Sudan in the armed forces and other regular forces and institutions;
86.3.The Government of Sudan shall endeavor to take practical steps to enable people to join the armed forces and other regular forces;
86.4.Working on demining areas affected by landmines, providing the necessary support for that purpose and addressing the impact on victims of landmines.
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TITLE 5.
AGREEMENT
BETWEEN
THE TRANSITIONAL GOVERNMENT OF SUDAN AND
THE SUDAN REVOLUTIONARY FRONT— NORTHERN TRACK
PREAMBLE
The Transitional Government of the Republic of Sudan and the Revolutionary Front - Northern Track), hereinafter “the Parties”;
REITERATING their desire to reach a lasting solution for issues related to the Northern Track for the realization of the slogans of the revolution (freedom, peace and justice);
SEEKING to realize comprehensive, just and durable peace all over Sudan and to maintain Sudan’s unity and sovereignty;
PURSUING inclusive, fair and sustainable development nationwide;
CONVINCED of the necessity of the fair allocation of resources and wealth to establish
peace;
SEEKING a better future for the Sudanese people, in which diversity management is observed, all forms of marginalization are eliminated and issues related to the Northern Track are addressed;
REAFFIRMING the principles of confidence building measures provided for in Juba Declaration signed on 14 September 2019, renewed until 14 February 2020, and the Political Declaration on 21 October 2019 signed in Juba between the Transitional Government of Sudan and the Sudan Revolutionary Front;
The Parties agreed on the following:
GENERAL PRINCIPLES
1. Sudan is an independent, sovereign, democratic, parliamentary, pluralistic and decentralized state where rights and duties are based on citizenship without discrimination on grounds of race, faith, culture, sex, color, gender, social or economic status, political opinion, disability, regional affiliation or any other reason.
2. The Republic of Sudan is a decentralized state which comprises three levels of governance (federal, regional/state, local).
3. Asserting the importance of disseminating the culture of peace and people’s unity.
4. Achieving just, comprehensive, and durable peace and ensuring basic rights shall be the top priority as a basis for inclusive, sustainable and balanced development.
5. The people are the source of authority.
6. Reforming governance organs and state institutions.
Engaging all people of the country and endeavoring to ensure equal opportunities, while stressing the principle of qualification, competency and honest competition for public office.
7. Activating mechanisms to ensure the respect of human rights, the UN Declaration on the Rights of Indigenous Peoples of 2007, as well as international instruments, agreements, and treaties ratified by the Republic of Sudan.
8. Including this Agreement in the Constitutional Charter for the transitional period of 2019.
9. Reaffirming that building the permanent constitution of Sudan shall be undertaken through a transparent, inclusive, and participatory process that excludes no one, starting with the constitutional congress that shall be held in partnership with all the people of Sudan from the lowest administrative levels upward, on local, state, and federal levels.
10. The national capital city shall represent the people of Sudan and their diversity.
11. The state shall ensure for men, women, and persons with special needs the equal and balanced right to enjoy all civil, political, social, cultural, and economic rights while observing positive discrimination.
12. Recognizing the principles of justice, accountability, and no impunity and bringing all the accused to national and international courts and tribunals.
13. Committing to the principles of transparency, accountability and combating all forms of corruption and creating the necessary mechanisms for that purpose.
14. Creating specialized organs and commissions that ensure the remedying of grievances and restitution.
15. Sharing power and wealth according to equitable and proven standards through independent mechanisms that draw their power from the constitution and the law, while observing positive discrimination for areas afflicted by war and displacement as well as the least developed areas.
16. Affirming the right of the state/region to benefit from a share of its respective resources and wealth through specifying a fair share of such resources to achieve balanced development.
17. Addressing land, dams, and environmental issues and providing reparations for individuals and communities.
18. Dividing financial resources fairly between the levels of decentralized governance in Page 140 of 242
accordance with the law.
19. Public freedoms and freedom of information.
20. Legal reform and rebuilding and improving the rights and justice system and ensuring the independence of the judiciary.
ISSUES OF THE NORTHERN TRACK (POLITICAL AND SOCIOECONOMIC) ISSUES
1. The different levels of governance shall have exclusive and joint jurisdictions and powers and resources for each level defined by the law.
2. Resources shall be allocated vertically and horizontally in accordance with the constitution and the law of national resources allocation.
3. The Government shall commit to creating a mechanism for addressing the issue of lands legally expropriated by virtue of Decision 206 of 2005, Decision 217 of 2006 and allotment Decisions (64 – 65 – 66) as follows:
a. Lands expropriated, but not allotted, shall be subject to a restitution decision to be issued.
b. Lands expropriated and allotted but not reformed or invested shall be subject to a decision
to be issued revoking their allotment.
c. Lands that have been expropriated, allotted, and partly invested shall be subject to a decision
to be issued to restitute the uninvested parts.
d. Lands that have been expropriated, allotted, and completely or partly invested shall be
addressed by engaging local communities to reach solutions.
e. The Government shall commit to engaging local communities in defining the protection
zones of villages with maps and clear coordinates.
The Government shall also commit to
removing investments present within the villages’ protection zones to be determined.
f. Reviewing all decisions of awarding agrarian lands (to individuals, companies, local or foreign legal persons, local or foreign political actors - parties or governments – or local or
foreign commissions or institutions) by any federal or state authority since the year 1989.
g. The state/regional law shall determine the timeframe of agricultural investment projects by
no more than twenty years renewable to another period based on feasibility studies.
4. The Government shall create a committee in which both Parties are represented to study the request to cancel the construction of (Dal, Kajbar and al-Shereyk) dams with the participation of local communities.
5. The current system shall continue to be valid and executive governments shall be created in the two states/region according to subsequent measures, until the administrative division, the distribution of powers and competencies between the levels of governance are revised.
6. Reviewing the administrative demarcation of the states/region to be in line with the historic legalized demarcation which is consistent with traditional norms agreed upon among local communities.
7. An independent committee shall be formed by the attorney general to investigate human rights Page 141 of 242
violations and shooting at protestors in the events of April 2006 in al-Arkoub area and in June 2006 in Kajbar area, in observance of the principle of no-impunity for perpetrators.
8. Creating a specialized technical committee for investigating and verifying the burial of atomic and electronic waste, with technical support from the International Atomic Energy Agency and the guidance and help of local communities in the two states/northern region.
9. Implementing unimplemented obligations of the Nile Waters and the High Dam agreements and addressing the resulting impacts.
10. The Government shall endeavor to create the appropriate conditions and build the necessary infrastructure for the return of forcibly displaced persons to their historic places in Wadi Halfa and around Nubia Lake, in addition to awarding each citizen wishing to return a piece of residential and agrarian land.
The Parties shall create a joint mechanism for developing the rules and regulations to identify those concerned with voluntary return and compensation and supervising enforcement of their resettlement with their families.
11. Working to address all the issues of resettlement in the villages of the New Hamdab (al- Multaqa), through the following:
11.1.Completing the legal procedures to extract the license of researching Hamdab agricultural
project (al-Multaqa) and remedying technical problems therein;
11.2.Rehabilitating all health and educational services and completing drinking water supply
from the Nile and establishing economic projects;
11.3.Completing the procedures of rehabilitating the lake agricultural project;
11.4.Addressing the issue of those who were included by the displacement scheme, but were
not displaced in the areas of Kalkeely and al-Hamdab Island, compensating them with rights, property, and by the provision of health and educational services, establishing agricultural projects, and creating a mechanism to engage local people for that end;
11.5.Seeking to address and compensate for clear-cutting canals, cliffs, and palm trees in the area of al-Hamdab and creating economic and agricultural projects while providing the necessary services.
12. The Parties shall allocate a share of the revenues of the Merowe Dam to the two states/the region in accordance with the law.
13. Working toward the establishment of development projects to encourage people to return to the region/ northern states.
14. The protection of antiquities, investigating the crimes of looting and destroying them and restoring the artifacts that have been looted or offered as presents and encouraging tourism.
15. Recognizing, encouraging and celebrating the Nubian language as one of the national languages, provided that competent national institutions consider ways to integrate the language in the national curricula within the framework of the overall policy of other national languages.
The Government shall support the establishment of private educational institutes and institutions to teach the Nubian language.
16. The Government shall commit to carrying out the necessary feasibility studies and reviewing past ones to establish economic and service projects in order to achieve balanced development and endeavoring to find the necessary funding to achieve the following:
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16.1.Building the two canals of Merowe Dam, eastern Hajar al-Asal agricultural project, al- Hawad agricultural project, al-Tabnah agricultural project, west of al-Goled project and establishing the Nile drinking water plants;
16.2.Rehabilitating and delivering electricity to all agricultural projects in the two states/ region;
16.3.Establishing educational institutions and rehabilitating educational and health institutions;
16.4.Seeking to finish work on national and local roads and build and rehabilitate bridges, railways and airports in the two states/region;
16.5.Endeavoring to finish electricity projects in the two states/ region and to establish conversion plants and increase the share of the state/region in electricity supply, including the provision of electricity to the villages of the local option area and Abu Hamad;
16.6.Endeavoring to rehabilitate governmental factories present in the two states/region according to available resources and planning new industrial and craftsmanship cities as needed.
16.7.Endeavoring to repatriate the nomads in the states of the Nile River and the Northern State by providing all basic services and granting them with the ownership of agrarian and residential lands.
17. Regulating and controlling mining and addressing its issues and adverse impacts.
Enacting a law preventing the use of materials harmful to the environment such as cyanide and mercury.
18. Studying and addressing the negative impacts of the Merowe Dam, including:
18.1.Creating a specialized technical committee to study the problem of flooded areas at a long radius around the lake of the dam, where dangerous marine phenomena started to emerge, such as a rise in the level of underground water to be found at depths that range from 60 centimeters to 3 meters at most in those areas which led to the collapse of over 2000 houses
and declaring the area a disaster-stricken area, such as al-Suwikat area.
18.2.Creating a specialized technical committee to review the technical feasibility of Merowe Dam, risks resulting therefrom and risks anticipated due to the rising level of underground
water and earthquakes to reach a decision about keeping the dam.
18.3.Creating a committee from both Parties to estimate damages and estimate and pay
compensations for the afflicted people, to avoid the anticipated adverse effects and prepare early precautions for the anticipated catastrophic consequences and defining places for future displacement within the state.
19. Encouraging the establishment of cooperatives (both productive and consumer ones) and reviewing and amending relevant laws and granting them with wider privileges so as to enable them to contribute to the economy.
20. Addressing the problems of desertification and the environment and their impact on agrarian and residential lands and the Nile riverbed.
21. Creating an independent and specialized committee to investigate the incidents of burning palm trees, bringing perpetrators to justice and endeavoring to preserve the country’s wealth of palm trees.
22. Improving and encouraging cross-border trade and crossings and rehabilitating customs stations, establishing free zones, dry ports and regulating cross-border trade and establishing a
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stock market for dates, grains and agricultural, animal and fish products.
23. Evaluating cement factories and ensuring their conformity to international specifications, observance of environmental safety requirements and obliging them to undertake their duty of social responsibility.
24. Establishing scientific research centers in the two states/region.
25. Creating a joint committee of the Parties concerned with settling and compensating the residents of Amri who were harmed by the Merowe Dam and who have not been settled or compensated fairly.
The committee shall take into consideration the remedies that have been made in the past, according to the latest census.
26. Addressing all the technical, engineering and administrative issues of the Amri agricultural project and studying the possibility of establishing an agricultural and animal research center in the Amri project.
27. Revising the estimated administrative fees for energy used for cooling water levers and endeavoring to revoke them.
28. The Government shall commit to reviewing the issue of the lands freely possessed by the displaced persons of Amri.
The Land Commission shall adjudicate regarding their due rights.
29. Reviewing, addressing and settling the legal status of projects constructed inside the project of Amri displaced persons to become an auxiliary part of the project.
30. Reviewing the issue of compensating the value of the plants removed by the department of dams and duly providing fair compensation for the rightful people.
31. Providing the necessary services and working to build the infrastructure for the people opting for the local option of the locals of Amri and studying the possibility of establishing development projects for them.
32. Addressing the problems of health and education and conducting social studies to remedy the negative phenomena in the community of the displaced persons after displacement.
33. Studying the possibility of establishing small manufacturing factories alongside the Amri project.
34. Providing communication services.
The Sudanese state shall commit to providing pure drinking water for the displaced persons of Amri.
35. Completing projects of resettling the people of al-Manasir in the local option area and supplying the area with services, infrastructure and agricultural projects after carrying out the necessary studies.
36. A joint mechanism of both Parties shall be established to review undertaken measures and reach a comprehensive and just settlement to establish rights and reparations for al-Manasir in the local option area, in addition to creating a mechanism to provide technical, legal, financial and administrative support necessary for the local option as an executive mechanism to enable
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it to undertake its function.
37. The Government shall commit to studying the issue of Abu Haraz agricultural project to address it in accordance with the law.
38. The allotment of lands around the lake for investment purposes shall be considered upon completing the process of resettlement.
39. Reviewing the issue of resettling the displaced people of al-Manasir (in al-Mukabrab and al- Fida) and undertaking the necessary measures for housing, services and agricultural projects through completing the procedures of issuing research licenses.
40. The Government shall commit to reviewing the issue of free possession lands of al-Manasir displaced people and the lands commission shall decide on their rights.
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TITLE 6.
AGREEMENT OF THE CENTRAL TRACK BETWEEN
THE TRANSITIONAL GOVERNMENT OF SUDAN AND
THE SUDAN REVOLUTIONARY FRONT
Preamble
The Transitional Government of the Republic of Sudan (referred to hereinafter as the First Party) and the Revolutionary Front – Central Track, referred to hereinafter as (the Second Party);
REITERATING their desire to reach a durable solution for issues related to the Central Track for the realization of the slogans of the revolution;
EARNESTLY SEEKING from the Government of Sudan the realization of a comprehensive, just, and durable peace for all of Sudan and to maintain Sudan’s unity and sovereignty;
PURSUING inclusive, fair, and sustainable development nationwide;
CONVINCED of the necessity of the fair allocation of resources and wealth to establish
peace;
REAFFIRMING the principles of confidence building measures provided for in the Juba Declaration signed on 11 September 2019, renewed until 14 February 2020, and the Political Declaration signed in Juba on 21 October 2019 between the Transitional Government of Sudan and the Sudan Revolutionary Front;
The Parties have agreed on the following:
1. The goal of this Agreement is to find a durable settlement to the issues of Central Sudan that were the subject of negotiations.
2. Agricultural Issues
The Government of Sudan shall commit the rehabilitation of the agricultural industry, including by developing and revitalizing the national projects and their revenues in accordance with the law on resource allocation and the priority of the nation and taking into account the particulars of each project in accordance with the laws and agreements.
3. Development, Services, and Revenues
The Government of Sudan shall commit to the following:
3.1.To provide comprehensive development services by establishing socioeconomic
development priorities for the rural areas in order to address the displacement crisis that has affected the central areas and address the large percentage of marginalized workers,
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particularly the youth of both sexes in the cities of the central states.
3.2. Establish specialized centers to combat epidemics and endemic diseases in hot areas, as
well as maternity and children’s centers.
3.3. Provide judicial services and implement police law, and other laws to protect the social
and communal peace.
4. The First Party shall commit to reviewing the laws related to lands and investment.
5. The First Party shall commit to addressing the issue of displaced persons and returnees within the framework of the overall treatment of the issue throughout Sudan.
6. The First Party shall commit to returning the assets and property of national agricultural projects in accordance with the law.
7. Respecting the fair representation of the Central Track in all committees, commissions, or departments formed to address issues in accordance with the principles of competency, taking into consideration the fair representation of women.
8. The Government of Sudan confirms the creation of a special fund to support the peace called (The Reconstruction Fund for Development and Peace);
the largest proportion of which is dedicated to support production, particularly agricultural production and funding projects with a quick return [on investment] and improving the skills of the producers by concentrating on the [sectors of] preferential advantage of each state.
9. The Government of Sudan and stakeholders in the peace commit to incur all expenses necessary to implement this agreement.
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TITLE 7.
SECURITY ARRANGEMENTS AGREEMENT BETWEEN THE TRANSITIONAL GOVERNMENT OF SUDAN AND THE THIRD FRONT - TAMAZUJ
Preamble
The Transitional Government of Sudan, the Third Front - Tamazuj, hereinafter referred to as the Parties;
Inspired by the spirit of the December Revolution and the resulting transitional process in Sudan, especially the ongoing efforts to achieve a durable peace and comprehensive transformation and embarking on negotiations for peace;
Recalling the efforts exerted towards building a national democratic inclusive state, and the commitment to transitional governance as stipulated in the Constitutional Decree;
Reaffirming the urgent need to reach a just peace and a comprehensive political agreement that addresses the root causes and consequences of war in Sudan, as part of a comprehensive process;
Determined to seize this opportunity to achieve just peace, citizenship without discrimination, and put an end to all current wars throughout Sudan, in conjunction with genuine democratization based on the pillars of just peace and citizenship without discrimination;
Willing to implement a comprehensive ceasefire and the processes of disarmament, demobilization, reintegration, and integration of the forces the Third Front - Tamazuj into the Sudanese military establishment.
Definitions
1. Assembly:
means the process of moving combatants to selected locations (in accordance with the standards of assembly areas) for the purpose of completing the necessary complementary administrative and military procedures.
2. Combatant:
means those who arrive at the assembly areas with a personal automatic gun (rifle) or a group weapon (machine gun, mortar, DShK, etc.)
from among the fighters affiliated with the movement signatory to this agreement.
2.1. Notwithstanding the aforementioned definition of a Combatant, the competent committee may exclude 3% of combatants who arrive at the Assembly areas whose names are on the primary manifests.
3. Weapons Storage:
means the post-Assembly phase wherein the collection of small arms from combatants and storage thereof occurs under the supervision of a third party in coordination with the ceasefire mechanism regarding (manner, funding, and guarding).
Heavy and long-
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range weapons and ammunition shall be stored in areas to be agreed on before entry to the Assembly areas.
4. Disarmament, Demobilization and Reintegration (DDR): means the process of settling the status of those unfit for military service by disarming, demobilizing, and reintegrating them into society through the DDR Commission.
5. Integration:
means integrating combatants who are fit for military service according to timelines to be agreed upon after the conclusion of the training and military development period in accordance with the norms and standards stipulated in this agreement.
6. The Military Establishment:
means the Sudanese Armed Forces and the Rapid Support Forces.
Chapter One Permanent Ceasefire
Objectives of the Agreement
7. This agreement aims to serve as a framework conducive to a permanent ceasefire and the integration of forces of the Third Front-Tamazuj into the Sudanese military establishment and other security services, to ultimately reach a just, comprehensive, and durable peace in Sudan.
8. To create an appropriate environment for the voluntary and safe return of IDPs and refugees to their areas of origin.
9. To examine, sort, categorize, and train combatants of Third Front-Tamazuj before being integrated into the military establishment and regular services according to agreed timelines.
10. This agreement shall be deemed a bilateral agreement to address the presence of Third Front- Tamazuj, in completion of the comprehensive peace process.
11. To abide by all documents produced within the Juba platform, including the Juba Declaration and the Cessation of Hostilities.
Entry into Force and Duration of the Agreement
12. This agreement shall enter into force and become valid and binding for the Parties as of the date of its signing.
13. This agreement shall continue to be valid until the completion of the reintegration process and the integration of Third Front-Tamazuj members who are deemed fit for service into the Sudanese military establishment.
Afterwards the Third Front-Tamazuj forces shall be integral part of the military establishment and regular services pursuant to the Agreement.
14. Identification of The Parties
14.1.
The Parties to this agreement are:
14.2.
The Transitional Government of Sudan (first party);
14.3.
Third Front-Tamazuj (second party).
15. Permanent Ceasefire Procedures:
15.1.
ThePartiesshallsignthisagreementanddeclareapermanentceasefirethatshallenter
into force within 72 hours of its signing.
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16. Elements Required in the Permanent Ceasefire Agreement.
17. The permanent ceasefire agreement shall, among other things, stipulate the following:
17.1.
Actions prohibited by the cessation of hostilities stipulated in this agreement.
17.1.1.
Identification of acts, activities, or breaches that shall constitute violations to the ceasefire agreement and methods to address these violations.
17.1.2.
Formation of a specialized command and control committee to undertake the assembly, training, and integration program necessary to ensure the effective implementation of a permanent ceasefire agreement, and addressing violations, if any, via the specialized committee.
17.1.3.
The sequenced procedures and timetables for the implementation of a permanent ceasefire and security arrangements.
17.1.4.
Any other issues necessary to support the ceasefire and security arrangements provided for in this agreement.
18. The Geographic Scope of the Permanent Ceasefire
18.1.
ThegeographicscopeoftheceasefireshallbetheareaswheretheforcesofSPLA-N/3rd
Front signatory to this agreement are present.
19. Permissible Acts
19.1.
Duetotheadverseeffectsofwar,themainprincipleunderlyingpermissibleactsshall
be work toward mitigating the effects of war on civilians and affected areas and
encourage public support for peace.
Permissible acts shall include the following:
19.1.1.
Demining and elimination of military threats in accordance with agreed timetables
and mechanisms and with the participation of the competent authorities.
19.1.2.
Development activities such as constructing roads and restoring bridges, crossings, railroads, airports and heliports.
19.1.3.
Socioeconomic activities such as assisting the freedom of movement of people, goods and services.
19.1.4.
Freedom of movement for unarmed soldiers in civilian attire who are on leave, on sick leave, or are visiting their families pursuant to an authorization issued by the competent authority.
19.1.5.
Supplying non-combat material, such as food, water, medicine, fuel, lubricating oils, office stationary, clothing, and all administrative needs and movements.
19.1.6.
Training and retraining of the troops integrated into the military institution and other regular services.
19.1.7.
Humanitarian action by facilitating the flow of relief and humanitarian assistance in accordance with the agreed regulations.
19.1.8.
Medical evacuation.
19.1.9.
Routine movements of the Armed Forces, to secure international borders and confront national security threats.
20. Prohibited Acts.
20.1.
Military activities, including military movements, reconnaissance, hostile reinforcements, recruitment, mandatory conscription and military exercises, except those authorized by the competent committee.
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20.2.
Military ground operations between the Parties to the Agreement.
20.3.
Laying landmines and undertaking other acts of sabotage.
20.4.
Using force and violence against civilians and subjecting them to maltreatment,
including sexual violence against women, which constitute a violation of international law and relevant domestic law.
20.5.
Hostile propaganda and psychological warfare from within the country or from abroad.
20.6.
Occupying new positions.
20.7.
Mandatory conscription or any inclination towards unauthorized mobilization.
20.8.
Recruiting child soldiers.
20.9.
Provocative and hostile actions that could lead to a confrontation.
20.10.
Violating human rights and international humanitarian law and obstructing the freedom
of movement.
20.11.
Espionage, sabotage and vandalism aimed at undermining the Agreement.
20.12.
Obstructing the freedom of movement of the oversight and monitoring mechanisms in implementing their mandated tasks.
20.13.
Bias alignment of any member of the signatory Parties towards their respective tribes, in the event of a tribal conflict.
20.14.Acts of violence and attacks against personnel of international organizations and humanitarian aid organizations.
20.15.
Individuals can only move after submitting a prior notice and shall move without arms in civilian attire.
20.16.
Forces may not exercise any powers of the civilian authority.
20.17.
Forces may not object to any social, humanitarian, or societal services provided by the competent authorities.
20.18.
Encourage or enable the presence of foreign forces without agreements or treaties with the Government of Sudan.
20.19.
All acts of hostility, harassment, or intimidation against military personnel or civilians affiliated with either party, including harassment through unjustified detention.
20.20.
Any other acts that may delay the natural progress of the permanent ceasefire.
21. Measures to be taken in the event of violating the agreement:
21.1.
Intheeventofanybreachoftheprovisionsofthisagreement,thecompetentcommittee
shall define the appropriate measures, which include the following:
21.1.1.
Investigation of perpetrated violations.
21.1.2.
Identification of the parties involved in the violation.
21.1.3.
Exposing or disclosing the perpetrator, or recommending harsh penalties be imposed on the perpetrator in the event that they were involved in serious violations.
21.1.4.
Recommending that the individual or parties involved be referred to a civil, criminal, or military trial, as appropriate.
21.1.5.
The Parties agree to follow up on recommendations for disciplinary measures, based on the proposal of the competent committee.
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22. The Competent Committee
22.1.
ThePartiesagreetoestablishtwojointcommittees(highandsub-committee)within(7) seven days of the date of the signing of this agreement.
The committees shall oversee the implementation of the Agreement, exercise command and control, and submit their recommendations to the leadership of the Armed Forces and regular services.
22.2.
Composition of the High Committee
22.2.1.
Four representatives of the First Party;
22.2.2.
Four representatives of the Second Party;
22.2.3.
Shall be based in Khartoum;
22.2.4.
Shall be presided over by a representative of the First Party
22.3.
Functions of the High Committee
22.3.1.
Supervise activities of the sub-committee.
22.3.2.
Oversee the implementation of all required procedures in Assembly areas with the
help of experts.
22.3.3.
Supervise collection and storage of weapons and handing them over to the
competent authorities.
22.3.4.
Coordinate with the DDR committee.
22.4.
Composition of the Sub-Committee
22.4.1.
Six representatives of the First Party;
22.4.2.
Six representatives of the Second Party;
22.4.3.
Shall be based in Babanusa.
22.5.
Functions of the Sub-Committee:
22.5.1.
Assume the responsibility for exercising command and control over these forces.
22.5.2.
Implement all required procedures in Assembly areas with the help of experts.
22.5.3.
Supervise the collection and storage of weapons and handing them over to the
competent authorities.
22.5.4.
Coordinate with the DDR committee.
Chapter Two
Assembly, Training and Integration
23. Assembly and Training.
23.1.
Reports shall be delivered to the First Party, detailing the force size and numbers, its
weapons, and equipment within 72 hours of the date of signing this agreement.
23.2.
Thefollowingshallbeundertaken:
23.2.1.
Manifests with the names of Third Front-Tamazuj combatants shall be submitted to the First Party within (14) fourteen days of the date of signing this agreement.
Third Front-Tamazuj forces shall be assembled in agreed-upon areas.
The competent committee may accept 10% of the primary manifest as missing names therefrom within (7) seven days of the date of submitting the primary manifest.
23.2.2.
The processes of disarmament, examination, classification, and sorting and storing weapons shall be conducted in Assembly areas, provided that forces in Assembly areas shall be completed within (60) sixty days of the date of signing this agreement.
23.2.3.
Individuals unfit for service shall be referred to the National DDR Commission to reintegrate them into society.
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23.2.4.
Individuals who are fit for service shall be sent to the training centers designated by the military establishment and shall remain there until the completion of the basic training.
23.2.5.
After completing the basic training, officers shall be transferred to the officers’ training centers designated by the military establishment.
24. Integration
24.1.
Individuals fit for service who meet the criteria provided for in this agreement shall
sever their relations with Third Front-Tamazuj after completing the necessary procedures in the assembly areas and filling the relevant forms, and thereupon shall become members affiliated with the Armed Forces and the competent security services.
24.2.
The integration of individuals shall commence upon filling relevant forms;
after examinations and sorting.
24.3.
Integrated individuals shall be moved to training areas to receive basic training.
24.4.
Followingthecompletionofbasictraining,integratedindividualsshallbedeployedall
over Sudan based on the strategic deployment plan of the Armed Forces.
24.5.
TheFirstPartyshallcommittoprovidingalltherequirementsoftheassembly,training, and integration processes and shall incur the financial and administrative costs thereof.
24.6.
The Parties shall abide by the letter and spirit of this Agreement.
24.7.
Militaryranks(forofficers)shallbegrantedaccordingtothesizeoftheintegratedforces
and the regulations and standards followed by the Sudanese Armed Forces.
24.8.
ThePartiesagreetocompletetheassembly,examination,sorting,verification,training and integration processes of the SPLA-N/Third Front forces within (12) twelve months
of the date of signing this agreement.
24.9.
Criteria for integrating individuals:
the criteria for integrating individuals in the
military establishment and security institutions shall be as follows:
24.9.1.
Sudanese nationality;
24.9.2.
No less than 18 years of age;
24.9.3.
Mental and physical fitness;
24.9.4.
Not convicted in an offense infringing upon honor and honesty, (except those who
will be covered by the general amnesty under the peace agreement);
24.9.5.
Voluntary consent of the individual.
24.10.
Criteria for selecting officers:
in addition to the agreed criteria stipulated in the foregoing paragraph, the criteria for selecting officers shall include the following:
24.10.1.
Literacy;
24.10.2.
Have not been dismissed from the Armed Forces and other security institutions
due to incompetence or misconduct.
25. The Police
25.1.
The Sudanese police force shall be a national professional force that has no affiliation
to any single party, group, faction, region, or area.
It shall owe allegiance to the
homeland.
Joining the force shall be guaranteed for all Sudanese people.
25.2.
Thepoliceforceshallbeprofessionalandimpartialandworkinaccordancewithlaws
and regulations.
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25.3.
The Parties recognize the need to reform the Sudanese police forces to upgrade its capability, enhance its professionalism, and increase its effectiveness.
25.4.
The Parties recognize that the police forces shall be a law-enforcement service that is composed and commanded at a national level, and which operates at states/regional level with the presence of federal departments that undertake their federal obligations and duties.
25.5.
ThePartiesagreetointegrateanumberoftheforcesoftheThirdFront-Tamazujtobe agreed upon into the different departments of the Sudanese police.
26. The General Intelligence Service
26.1.
The Parties recognize that the General Intelligence Service shall be a national and
professional body whose members may not have any political affiliation to a certain party, group, faction, region or area.
It shall owe allegiance to the homeland.
Joining the General Intelligence Service shall be guaranteed for all Sudanese people in accordance with applicable criteria and parameters.
26.2.
The Parties agree to integrate an agreed number of members from the Third Front- Tamazuj into the General Intelligence Service in accordance with the agreed criteria and principles.
26.3.
The General Intelligence Services shall have the following competencies:
26.3.1.
Preserve the national security of Sudan, protect its constitution, social fabric, and the safety of its citizens from any threat, in coordination with other regular
institutions.
26.3.2.
Collect, analyze, and assess information related to the security of Sudan and
recommend taking the necessary precautionary measures.
26.3.3.
Undertake the necessary research and investigation to reveal any conditions, facts,
activities, or elements that may infringe on the national security and safety of
Sudan, in accordance with the provisions of the law.
26.3.4.
Provide opinions, advice, consultation, and services in the areas of security and
intelligence to different state institutions, in a fashion that ensures the safety and
security of the state.
26.3.5.
Uncover threats emanating from destructive activity in the areas of espionage,
terrorism, extremism, conspiracy, and vandalism.
26.3.6.
Uncover and combat subversive activities of organizations, groups, individuals,
foreign countries, or Sudanese groups within Sudan and abroad.
26.3.7.
Cooperate with counterpart or friendly agencies in the exchange of information and countering terrorism or acts that threaten common order and security or any
matter related to foreign security.
26.3.8.
Protect important persons and public facilities and secure cities in coordination
with other regular forces.
It shall undertake any other functions for which it is tasked, provided that such functions are not inconsistent with the constitution.
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Chapter Three
Disarmament, Demobilization and Reintegration
26.4.
The Parties agree to create a joint committee to ensure the reintegration of Third Front- Tamazuj combatants who are not fit for military service into society, in accordance with the standards set by the National DDR Commission.
26.5.
TheJointDDRCommitteeshallbecreatedwithin(14)daysofthedateofthesigning of this agreement.
27. Composition of the Committee:
27.1.
The Joint DDR Committee shall be composed of the following:
27.1.1. (
4) representatives of the Government of Sudan from the DDR;
27.1.2. (
4) representatives of the Third Front-Tamazuj;
27.1.3.
The committee shall submit its recommendations to the National DDR
Commission.
27.1.4.
The committee shall work in coordination with the committee responsible of
implementing this agreement in the Assembly areas.
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TITLE 8.
FINAL PROVISIONS
1. The Parties of this Agreement include the following:
1.1.
The Transitional Government of Sudan
1.2. The Parties to the Peace Process, who include:
1.2.1.The Sudanese Alliance, Sudan Liberation Forces Alliance, Sudanese Liberation Movement/ Army, Sudan Liberation Movements/Army – Transitional Council, Justice and Equality Movement, in the Darfur Track;
1.2.2.Sudan People’s Liberation Movement – North/ Revolutionary Front, in the Two Areas Track;
1.2.3.The United People’s Front on Liberation and Justice, Opposition Beja Congress, in the Eastern Track;
1.2.4.Sudanese Kush Liberation Movement, Northern Entity, in the Northern Track;
1.2.5.The Democratic Unionist Party - Revolutionary Front, in the Central Track;
1.2.6.Other Parties:
1.2.6.1.
Third Front – Tamazuj
2. This Agreement includes the following Agreements:
2.1. Agreement on National Issues.
2.2. Darfur Track Peace Agreement;
2.3. Two Areas Track Peace Agreement;
2.4. Eastern Track Peace Agreement;
2.5. Northern Track Peace Agreement;
2.6. Central Track Peace Agreement;
2.7. Security Arrangements Agreement between the Transitional Government of Sudan and
the Third Front – Tamazuj.
3. The Track Agreements listed in Provision (2) above and any subsequent amendments thereto shall maintain their independent legal status as agreements by virtue of being agreements between their respective Parties and shall create their own independent rights, duties, and obligations with regard to their respective signatory Parties.
4. Without prejudice to the respective status of each of the Parties in relation to the agreements contained in this Agreement, all Parties signatory to any of these agreements or any other agreement entered into later, shall be considered signatories to the Preamble, the Final Provisions, and the National Issues, and all Parties shall abide by equal responsibilities towards to this Agreement.
5. For the purposes of the Final Peace Agreement and unless otherwise provided by the context, all references to “Parties to the Peace Agreement,” “Parties to the Agreement,” “Parties to Peace”, or “Parties to the Peace Process” or other similar iterations of this phrase in the agreements, shall mean the Parties to the Peace Process as defined in Article (1) of the Final Provisions.
6. For the purposes of the Final Peace Agreement and unless otherwise provided by the context, all references to “Peace Agreement”, “this Agreement,” or “Final Peace Agreement,” shall hold the same meaning which is the Juba Agreement for Peace in Sudan signed on 3 October 2020.
7. All terms of the Track Agreements and annexes shall be binding on the signatory Parties to the respective agreement and annexes, if any.
8. Additional parties may accede and join as a party to this Final Agreement only with the signed unanimous concurrence and approval of all the Parties as defined in Article (1) of the Final Provisions.
9. Subject to Article (7) of the Final Provisions, upon accession, any additional Parties shall become fully bound by, and subject to, all of the terms, duties, and obligations of this Final Agreement as though an original party thereto.
10. Without Prejudice to the Final Peace Agreement, Parties acceding to this Agreement may incorporate additional agreements, which shall not detract from what has been agreed herein.
11. Any party that accedes to this Agreement after the entry into force hereof shall not be entitled to dilute the representation of the original Parties to the Agreement in any governmental or semi-governmental institution, agency, department, or other organ of the state for which their participation has been agreed pursuant to the allocation set forth in the relevant Track Agreements.
12. In the event of a conflict between the provisions of this Agreement and any agreement related to the accession of new Parties after the entry into force of this Agreement, the provisions of this Agreement shall prevail, except or unless as explicitly agreed to otherwise.
13. In the event of any dispute regarding the interpretation or implementation of this Agreement, the Parties shall endeavor to resolve it amicably through consultations based on good faith, and if the Parties are unable resolve the dispute amicably, it may be referred to the High Mechanism for the Implementation of the Peace Agreement for the concerned Track, if any, then to the Peace Commission, then to the Mechanism for Monitoring and Evaluating the Peace Agreement, and finally to the competent court.
14. The Arabic and English versions of this Agreement are considered official and adopted versions, and in the event of any dispute in the interpretation of any provision of the text or dispute in the interpretation of the Arabic or English text, the Arabic text shall prevail.
15. These Final provisions shall not detract from any provisions included in any of the concluded peace agreements in the different tracks.
16. This Agreement may only be amended in writing and by explicit, signed agreement of all the Parties thereto.
TITLE 9.
IMPLEMENTATION MATRICES
Number Name
1 National Issues Implementation Matrix
2 Darfur Track:
Power Sharing Implementation Matrix
3 Darfur Track:
Wealth Sharing Implementation Matrix
4 Darfur Track:
Compensation and Reparations Implementation Matrix
5 Darfur Track:
Displaced Person and Refugees Implementation Matrix
6 Darfur Track:
Development of Herders and Nomads Sector Implementation Matrix
7 Darfur Track:
Land and Hawakeer Implementation Matrix
8 Darfur Track:
Justice, Accountability, and Reconciliation Implementation Matrix
9 Darfur Track:
Permanent Ceasefire and Security Arrangements Implementation Matrix
10 Two Areas Track:
Political Agreement Implementation Matrix
11 Two Areas Track:
Security Arrangements Implementation Matrix
12 Northern Track Implementation Matrix
13 Central Track Implementation Matrix
14 Third Front – Tamazuj Implementation Matrix
15 Eastern Track Implementation Matrix
1. National Issues Implementation Matrix
1)
Activity:
Integrate peace agreements in the Constitutional Charter
Timing Within 10 days of the date of the final signing
Implementing Party The Legislative Council (Sovereign Council and Council of Ministers)
Source of Funding Transitional Government of Sudan
Composition
Procedures
Reference / Article 21.2
2)
Activity Extend the transitional period
Timing [for a period of] 39 months from the date of the final signing
Implementing party The Parties to the Agreement
Reference article 2
3)
Activity Exempt representatives of Parties to the Peace Process signatory to this Agreement from Article 20 of the Constitutional Charter
Reference article 3
4)
Activity:
Appoint Parties to the Peace Process in the Sovereign Council
Timing:
Within 7 days of integrating the peace agreements in the Constitutional Charter
Implementing party:
The Sovereign Council
Select 3 members by Parties to the Peace Process
4
Appoint Parties to the Peace Process in the Council of Ministers
Within 7 days of integrating the peace agreements in the
Prime Minister and adoption by the Sovereign Council
Select ministers by the Parties to the Peace Process
5
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Constitutional Charter
Appoint Parties to the Peace Process in the Legislative Council
Within 60 days of the date of the final signing
The Sovereign Council
Select members on the Transitional Legislative Council by Parties to the Peace Process
6
Participation of the residents of Khartoum State in authorities and high administrative positions within institutions of the state of Khartoum
Within 30 days of the date of final signing
Council of Ministers and the Khartoum State Government
Issue decisions by the Khartoum State Government
7.4
Parties to the Peace Process participate in the administration institutions of the capital city
Within one month of adopting its status in the governance system conference
7.5
Represent Parties to the Peace Process on the national committees whose nature require partisan representation
Within 30 days of integrating the peace agreements in the Constitutional Charter
Transitional Government of Sudan
Issue a decision appointing representative of the Parties to the Peace Process on these committees
8.2
Review appointments in leading positions in civil service
Within 90 days of the date of integrating the peace agreements into the
The Civil Service Reform Commission
Review appointments
8.4
6
7
8
9
10
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Constitutional Charter
Participation of signatory parties to this agreement on the Anti-Corruption Committee and other committees established or to be established
Immediately after integrating the peace agreements in the Constitutional Charter
Transitional Government of Sudan
Issue appointment decisions
8.5
Establish and structure commissions relevant to the implementation of the peace agreement
According to the timing provided for each commission
Parties signatory to the peace process
Government of Sudan
Issue establishment and structuring decisions
8.6
Establish the Constitution Drafting and the Constitutional Conference Commission
Within 6 months of the date of signing the Final Agreement
Sovereign Council
All Sudanese Parties
Issue a decree creating the commission and its own law
9.2 9.4
Prepare for and hold the Constitutional Conference
Sufficiently in advance of the end of the transitional period
The Constitution Drafting and the Constitutional Conference Commission
Government of Sudan
9.1 9.2 9.3 9.5 9.6 9.7
Restore the regional system of governance
Within no more than 60 days of the date of signing the Final Agreement
Transitional Government of Sudan
Issue a decision restoring the regional system of governance
10.2
Hold the system of governance conference
Within 6 moths of the date of signing the Final Agreement
Transitional Government of Sudan
Transitional Government of Sudan
Issue a decision forming the national committee for the preparation of the conference
10.1 10.3
11
12
13
14
15
16
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Reform the justice system
Continues after signing the Final Agreement
Government of Sudan
Government of Sudan
11.1
Conduct a national census
Sufficiently in advance of the end of the transitional period
Government of Sudan with international assistance and monitoring
Government of Sudan with international assistance
Issue a decision to conduct the national census
12.1
Establish the Elections Commission
Sufficiently in advance of holding elections
Sovereignty Council
Government of Sudan
Issue the Elections Law and the decision to create the Commission
13.1
Issue the Political Parties Law
Government of Sudan
Issue the Political Parties Regulation L aw
13.1
Hold general elections
Before the end of the transitional period
The Elections Commission
Government of Sudan
Implement the plan for the return of the IDPs and refugees, hold the Constitutional Conference, conduct the census, issue the elections and political parties law, and establish the elections commission
13.1
Form the National Committee to address housing and service issues of the Kanabi communities
Within 45 days of the date of signing the Final Agreement
Government of Sudan
Government of Sudan
Issue a decision forming the committee
14.1.4 14.1.5 14.1.6 14.1.7 14.1.8
17 18
19
20 21
22
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Introduce the necessary policies and laws and establish implementation mechanisms for protecting the environment and preserving its balance
Continues after signing the Final Agreement
Government of Sudan
Issue decisions to establish mechanisms and adopt policies to protect the environment
14.2.1
Establish a National Commission for Religious Freedoms
After signing the Final Agreement
Government of Sudan
Government of Sudan
Issue a decision establishing the commission
14.3.1
Hold the conference of North Kordofan State
Within 6 months of signing the Final Agreement
Transitional Government of Sudan
Transitional Government of Sudan
Issue a decision establishing the preparatory committee
14.4
Hold the Khartoum State conference
Within 6 months of signing the Final Agreement
Transitional Government of Sudan
Transitional Government of Sudan
Issue a decision establishing the preparatory committee
14.4
Establish a National Commission for Herders, Nomads, and Farmers
Within 3 months of signing the Final Agreement
Transitional Government of Sudan
Government of Sudan
Issue a decision establishing the commission
14.5
Hold the Conference of Sudan Partners for support of the transitional period and peace
After signing the Final Agreement
Transitional Government of Sudan and Parties of the peace process signatory to this Agreement
Transitional Government of Sudan and other international parties
Establish the joint political and technical mechanism
15.1
Hold a donor conference to support the Peace Agreement
Within 90 days of the date of signing the Final Agreement
Transitional Government of Sudan and Parties of the peace process signatory to this Agreement
Transitional Government of Sudan and other international parties
15.2
23
24 25
26
27 28
29
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Establish a joint committee composed of the Mediator and Parties to the Agreement
Immediately after signing the Final Agreement
Transitional Government of Sudan, Parties of the peace process signatory to this Agreement and international partners
Government of Sudan
Establish a joint committee composed of the Mediator and Parties to the Agreement
16.1
Develop a plan and conduct the necessary immediate communications with all the parties
Immediately upon signing the Final Agreement
The Joint Committee composed of the mediator and parties to the Agreement
Partners, guarantors and witnesses of the Peace Agreement as well as Parties signatory to this Agreement
16.1
Issue the general amnesty decree
Immediately upon signing the Final Agreement
Transitional Government of Sudan
Issue the general amnesty decree
17.1
Return the property of organizations and individuals which had been confiscated because of the war, upon proving ownership thereof
After signing the Final Agreement
Transitional Government of Sudan
Issue a decision on property restitution
17.2
Criminalize and combat racism
After signing the Final Agreement
Transitional Government of Sudan
Issue legislations and adopt policies to combat racism
18.1
Establish the Transitional Justice Commission
Within 30 days of the date of signing the Final Agreement
Transitional Government of Sudan
Transitional Government of Sudan
Issue a decision establishing the Commission
19.1
30
31
32 33
34 35
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Establish the Peace Commission
After signing the Final Agreement
Transitional Government of Sudan
Transitional Government of Sudan
Engage the Parties in drafting the law and structure of the Commission
20.1
Establish a mechanism to monitor and evaluate the Peace Agreement
Upon signing the Final Agreement
Transitional Government of Sudan, Parties signatory to the peace process, the Mediator, guarantors and any other components to be agreed by The Parties
Transitional Government of Sudan
Issue a decision establishing the mechanism
21.1
Establish the National Revenue Fund
After signing the Final Agreement
Transitional Government of Sudan
Transitional Government of Sudan
Issue a decision and a law establishing the Fund
22.1
Establish the Commission for Sharing, Allocation, and Monitoring of Resources and Financial Revenues
Within 90 days of the date of signing the Final Agreement
The Prime Minister
Transitional Government of Sudan
Issue a decision and a law establishing the Commission
23.1 23.2 23.3
Address the issues of the Sudanese in the diaspora and create the appropriate conditions to connect them to their homeland
After signing the Final Agreement
Government of Sudan
Government of Sudan
Develop the necessary remedies
24.1
Promote the national business sector in development
After signing the Final Agreement
Government of Sudan
Issue legislation and develop economic policies
25.1
Ensure the provision of mandatory and free public education and quality thereof.
After signing the Final Agreement
Government of Sudan
Government of Sudan
Hold education conferences and institute policies
26.1
36
37
38 39
40
41 42
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43 44
45
46
JUBA AGREEMENT FOR PEACE IN SUDAN – OFFICAL ENGLISH VERSION
Redress for pension- dependent and dismissed personnel
After signing the Final Agreement
Transitional Government of Sudan
Issue decisions to remedy their situations
27.1
Represent Parties of the peace process signatory to this Agreement in governance in the Northern State and the states of, Nile River, Sennar, Gezira, and the White Nile.
Upon forming the states/regional governments
Transitional Government of Sudan
Issue appointment decisions
28.1
Represent Parties of the peace process signatory to this Agreement in governance in the North Kordofan and West Kordofan States
Upon forming the states/regional governments
Transitional Government of Sudan
Issue appointment decisions
29.1
Hold conferences for reconciliation and social healing
After signing the Final Agreement
The Parties
Take the necessary measures
1.23
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2. Darfur Track:
Power Sharing Implementation Matrix
#
1
2
3
4
5
Activity
Timing
Implementing Party
Source of Funding
Composition
Procedures
Reference / Article
Separate religious institutions from state institutions to ensure that religion is not exploited in politics
After signing the Final Agreement
Government of Sudan
Take the necessary legal and institutional measures
4
Abide by a peaceful civil approach and denounce all forms of violence in political practice
After signing the Final Agreement
The Parties
Enact the necessary laws to prevent exercising violence in political action and raise awareness on political peaceful practice
5
Exempt armed political movements from the provisions of the Political Parties Law of 2007
Upon registration
Government of Sudan
Take the necessary measures
6
Integrate the peace agreements in the Constitutional Charter
Within 10 days of the date of the final signing
Government of Sudan
Take the necessary measures
24.1 and article 21.1 of the National Issues Protocol
Issue decision to restore the regional system of governance
Within no more than 60 days of the date of signing the Final Agreement
Transitional Government of Sudan
Issue a decision
25.1
25.2 and article 10.2 of the National Issues
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Hold a conference on the system of governance
Within 6 months of the date of signing the Final Agreement
Transitional Government of Sudan
Government of Sudan
Issue the decision of creating a national committee to prepare for the conference
25.3 and articles 10.1 & 10.3 of the National Issues
Activate the government of the Region of Darfur in all its authorities and competencies if the system of governance conference is not held
Within no more than 7 months of the date of signing the Final Agreement
Transitional Government of Sudan
Issue a decision activating the region
25.4
Activate powers and competencies of Darfur Region
Within 30 days of the date of holding the system of governance conference
Government of Sudan
Issue a decision activating powers and authorities
25.5
Represent Parties to the agreement in governance in Darfur region/states
After signing the Final Agreement
The Parties
Issue a decision of appointment in accordance with the proportions stated in the Agreement.
Stakeholders shall be selected through a supervision mechanism to be agreed by The Parties
25.6 25.6.1 25.6.2 25.6.3 25.6.4 25.6.5
Presidency of the regional government shall be among the components of Darfur Track
After establishment of the regional government
The Parties
Issue a decision appointing head of the regional government
25.7
6
7
8
9
10
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Form a joint high committee to oversee and monitor the implementation of the Peace Agreement
After signing the Final Agreement
The Parties
Issue a decision forming the committee
25.8
Accommodate the men and women of Darfur in upper- and mid-level positions by 20%
Within 45 days of the date of signing the Final Agreement
Government of Sudan
Issue appointment decisions
26.1 26.2
Form a joint committee to select persons to be accommodated in upper- and middle-level positions of the civil service
After signing the Final Agreement
The Parties
Issue decisions forming the committee
26.3
Form a committee to identify imbalance in civil service
After signing the Final Agreement, the committee commences implementation of its mandate within 60 days of the date of signing the Final Agreement, and submits its report within 6 months of the date of signing
The Parties
Issue a decision forming the committee and taking the necessary corrective measures within no more than 45 days of the date of submission of the report
26.4 26.5
Remedy the situation of persons arbitrarily dismissed from civil service for reasons related to the conflict in Darfur
After signing the Final Agreement
The National Committee for reinstituting the arbitrarily dismissed persons
Take the necessary measures
26.8
11
12
13
14
15
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Form an independent expert committee by the Supreme Judicial Council concerned with accommodating men and women from Darfur in the judiciary
After signing the Final Agreement
The Supreme Judiciary Council
Issue a decision forming the committee
27.2
Appoint/accommodate men and women from Darfur in the judiciary at a rate of 20%
After signing the Final Agreement
The Judiciary
Issue appointment decisions
27.1
Form an independent expert committee by the High Council of the Public Prosecution concerned with accommodating men and women from Darfur in the Public Prosecution Office
After signing the Final Agreement
The Supreme Council of the Public Prosecution
Issue a decision forming the committee
28.2
Appoint/accommodate men and women from Darfur in the public prosecution office at a rate of 20%
After signing the Final Agreement
The Attorney General
Issue appointment decisions
28.1
Reconsider admission eligibility criteria for universities and public high institutes, and introducing positive discrimination to admission policies
After signing the Final Agreement
Government of Sudan
Issue a decision of revision and introduce policies
29.1.1
Allocate 15% in the enumerated specializations in public universities outside Darfur for the students of Darfur
After signing the Agreement and for a period of at least 10 years
Government of Sudan
Take the necessary measures
29.1.1
16
17 18
19
20
21
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Allocate 50% of places in public universities in Darfur for the students of Darfur
After signing the Agreement and for a period of at least 10 years
Government of Sudan
Take the necessary measures
29.1.1
Exempt all the men and women of Darfur studying in public universities in Darfur from tuition fees
After signing the Final Agreement and for a period of 10 years, provided that those admitted at the end of the stipulated period benefit from the tuition fee exemption until they complete their studies
Government of Sudan
Government of Sudan
Take the necessary measures to exempt students
29.1.2
Exempt the men and women of Darfur studying in public universities outside Darfur Region in the enumerated disciplines from tuition fees
After signing the Final Agreement and lasts for 10 years, provided that those admitted at the end of the stipulated period benefit from the tuition fees until they complete their studies
Government of Sudan
Government of Sudan
Take the necessary measures to exempt students
29.1.3
Introduce a system for fund allocation from the Government of Sudan to
After signing the Final Agreement
Government of Sudan
Government of Sudan
Issue a decision creating the fund allocation system
29.1.4
22
23
24
25
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public universities in the
Darfur Region 26
27
28
29
30
31
Form a joint committee to reinvigorate higher education in Darfur
After signing the Final Agreement
Federal Government of Sudan and Darfur Regional/States Government
Issue a decision forming the joint committee
29.1.5 29.1.5.1
Exempt IDPs, refugees, and nomads from tuition fees when they are admitted to public universities outside Darfur Region.
After signing the Final Agreement
The Joint Committee
Institute exemption principles and standards
29.1.5.2
Develop and upgrade educational institutions in Darfur.
After signing the Final Agreement
Federal Government of Sudan and Darfur Regional/States Government
Institute and implement development and upgrade plans
29.2
Allocate 20% of the grants, scholarships, qualification, and training opportunities inside Sudan or abroad to the men and women of Darfur.
After signing the Final Agreement
Federal Government of Sudan
Issue a decision
29.3
Allocate budgets for establishing and supporting institutes of vocational training, educational schools, and technical and craft education to accommodate education gaps and dropouts
After signing the Final Agreement
Federal Government of Sudan and Darfur Regional/States Government
Government of Sudan and Darfur Regional/State s Government
Take the necessary measures
29.4 29.5
Eliminate all obstacles to extracting university diplomas for students who completed studying in
After signing the Final Agreement
Government of Sudan
Take the necessary measures
29.6
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universities and higher institutes by virtue of previous peace agreements
3. Darfur Track:
Wealth Sharing Implementation Matrix
#
1
2
3
Activity
Timing
Implementing Party
Source of Funding
Composition
Procedures
Reference / Article
Institute sound principles for wealth-sharing
Continues after signing the Final Agreement
Government of Sudan, Regional/states governments and signatory parties
Government of Sudan
Develop principles, strategies, and standards
10
Establish a National Revenue Fund
After signing the Final Agreement
Government of Sudan
Government of Sudan
Issue a decision creating the Fund and enact a law to regulate it
13.1 and Article 22.1 of the National Issues
Establish the National Commission for the Division, Allocation, and Monitoring of Financial Resources and Revenue
Within 90 days of the date of signing the Final Agreement
Prime Minister
Transitional Government of Sudan
Issue a decision establishing the Commission
14.1 14.2 14.3
15
and Articles 23.1 23.2 23.3 of National Issues
Develop policies, regulations, and best methods to spend
After signing the Final Agreement
Darfur regional/ states government
Darfur regional/ states government
Develop policies, regulations and best ways of spending
16.4
4
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revenue of the Darfur
region/states 5
6
7
8
9
Establish the Darfur Reconstruction and Development Commission
Within 90 days of the date of signing the Final Agreement
Transitional Government of Sudan
The Darfur Peace Support and Sustainable Development Fund
Issue a decision creating the Commission
17.1 18
All assets belonging to the funds established for development and reconstruction by the previous peace agreements are to be transferred to this Commission
After establishment of the Darfur Reconstruction and Development Commission
Transitional Government of Sudan
Issue decisions to transfer assets
17.1
Agree on the organizational and functional structures of the Darfur Reconstruction and Development Commission
After the establishment of Darfur Reconstruction and Development Commission
The Parties
In consultation between The Parties
Develop the organizational and functional structure of the Commission
17.3
Develop the regulations and rules of procedures of the Darfur Reconstruction and Development Commission
After the establishment of Darfur Reconstruction and Development Commission
The Commission
Develop and adopt the regulations and rules of procedures
17.4
Revaluate, reassess, rehabilitate and reactivate the existing development projects
After establishment of the Darfur Reconstruction
The Commission
The Commission
Conduct comprehensive evaluation for all projects
19.1 19.2
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10
11
12
13
14
JUBA AGREEMENT FOR PEACE IN SUDAN – OFFICAL ENGLISH VERSION
and Development Commission
Update the studies [on reconstructions and development] that have already been prepared
After establishment of the Darfur Reconstruction and Development Commission
The Commission
The Commission
20.1
Partnership in managing natural resources
Continues after signing the Final Agreement
The Federal Government and Darfur regional/ states government
23.1 24.2 24.3
Review all existing contracts on natural resources extracted from Darfur territories
After signing the Final Agreement
Darfur regional/ states government in cooperation with The Federal Government
The Regional Government in partnership with the Federal Government
24.1
Allocate 40% of the state’s net revenue from mineral and petroleum resources located in Darfur to the benefit of the region for a period of 10 years
After signing the Agreement and for period of 10 years
Federal Government of Sudan
25.1
Allocate no less than 3% of the revenue generated from natural resources for local population in areas from which these resources are extracted
After signing the Final Agreement and for a period of 10 years
Darfur regional/ state government
25.2
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Establish the Darfur Development Bank
After signing the Final Agreement
Darfur regional/ state government
Issue a decision establishing the bank with the agreement of competent parties
27.1
Establish the Darfur Peace Support and Sustainable Development Fund
Within 60 days of the date of signing the Final Agreement and for a period of 10 years
Government of Sudan
Issue a decision creating the Fund
29.1 29.5
Agree on the organizational and functional structure of the Darfur Peace Support and Sustainable Development Fund
After establishment of the Fund
The Parties
Develop the organizational and functional structure of the Fund
29.2
Develop the regulations and rules of procedures of the Darfur Peace Support and Sustainable Development Fund
After the establishment of the Fund
The Fund
Develop the regulations and rules of procedures
29.3
Allocate 750,000,000 (seven hundred fifty million US Dollars) annually to the Darfur Peace Support and Sustainable Development Fund
After signing the Final Agreement and for a period of 10 years
Government of Sudan
Government of Sudan
Take the necessary measures
29.6 29.7
Provide 100,000,000 (one hundred million US Dollars)
Within one month of the date of signing the Peace Agreement
Government of Sudan
Government of Sudan
Take the necessary measures
29.8
15
16
17
18
19
20
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4. Darfur Track:
Compensation and Reparations Implementation Matrix
#
1
2
3
4
5
Activity
Timing
Implementing Party
Source of Funding
Composition
Procedures
Reference / Article
Establish the Compensation and Reparations Fund in Darfur
Within 90 days of the date of signing the Final Agreement
Transitional Government of Sudan
The Darfur Peace Support and Sustainable Development Fund
Issue a decision to create the Fund
12.1
Agree on the organizational and functional structure of the Fund
After establishment of the Compensation and Reparations Fund
The Parties
Develop the organizational and functional structure of the Fund
12.2
Develop the regulations and rules of procedures of the Fund
After establishment of the Compensation and Reparations Fund
The Compensation and Reparations Fund
Develop and adopt the regulations and rules of procedures
12.3
Represent women with a percentage of 40%
After establishment of the Compensation and Reparations Fund
Issue a decision to appoint women
12.4
Make the procedures of the Compensation and Reparations Fund available for the public
Within 12 months of the date of signing
The Compensation and Reparations Fund
The Compensation and
Institute and adopt the regulations,
rules.
and procedures
12.7
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6
7
8
9
the Final Reparations Agreement Fund
Create a public record for the Compensation and Reparations Fund
After establishment of the Compensation and Reparations Fund
The Compensation and Reparations Fund
The Compensation and Reparations Fund
12.10
Develop a table for awarding compensation payments
After establishment of the Compensation and Reparations Fund
The Compensation and Reparations Fund
The Compensation and Reparations Fund
Take the necessary measures
12.11
Fund the Compensations and Reparations Fund
After establishment of the Fund and for a period of 10 years
The Darfur Peace Support and Sustainable Development Fund
The Darfur Peace Support and Sustainable Development Fund
Take the necessary measures
12.13 12.14
Establish a fund to care for the affairs of martyrs and the wounded
Within 90 days of the date of signing this agreement
Darfur regional/ states government
Transitional Government of Sudan and domestic and international parties
Issue a decision creating the fund
12.18
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#
1
Activity
5. Darfur Track:
Displaced Persons and Refugees Implementation Matrix
Timing Implementing Source of Composition Party Funding
Procedures
Reference / Article
Create the political, economic, social and security conditions conducive to the voluntary return and reintegration
After establishment of IDP and Refugees Commission
The Federal Government of Sudan, Darfur State/Regional governments, and IDPs and Refugees Commission with the help of the concerned international and domestic institutions
IDP and Refugees Commission
Instituting plans and policies for the safe and voluntary return
4.1
Provide urgent humanitarian assistance and basic amenities
After establishment of IDP and Refugees Commission
The Federal Government of Sudan, Darfur State/Regional governments, and IDPs and Refugees Commission with the help of the concerned international and domestic institutions
IDP and Refugees Commission
Identify needs and solicit and provide assistance
5.1 5.2
2
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Establish administrative committees to monitor and assess the needs and facilitate delivery of humanitarian assistance to IDPs
After establishment of IDP and Refugees Commission
IDP and Refugees Commission
IDP and Refugees Commission
Issue decision to form the committees
5.3
Introduce a comprehensive resettlement and repatriation strategy
After establishment of IDP and Refugees Commission
IDP and Refugees Commission
IDP and Refugees Commission
Institute the resettlement and repatriation strategy
6.1
3
4
5 Request support from the international community
6
7
8
9
After signing the Agreement
The Parties
7.1
Grant national and international aid organizations access to all IDP areas
After signing the Agreement
Transitional Government of Sudan
Facilitate access procedures
7.2 7.3 7.4
Establish the IDP and Refugees Commission (IDPRC)
Within 60 days of the date of signing the Agreement
Transitional Government of Sudan
The Darfur Peace Support and Sustainable Development Fund
The Parties
Issue a decision to establish the commission
8.1
Make IDPRC procedures available for the public
Within 6 months of the date of signing the Final Agreement and for a period of 10 years
IDPRC
Inform the public about IDPRC commencing operations
8.2
Agree on the organizational and functional structure of the IDPRC
Immediately after the establishment of the IDPRC
The Parties
The Parties
Develop the organizational and functional structure of the IDPRC
8.3
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Institute the regulations, rules, and procedures of IDPRC
Immediately after the establishment of the IDPRC
IDPRC
Institute and adopt the regulations, rules, and procedures
8.4
Form local committees for claims comprising local, traditional, and community leaders
Immediately after the establishment of the IDPRC
IDPRC
Local, traditional, and community leaders, and representatives of IDPs, refugees and women’s organizations
Issue decisions to form the committees
8.6.3
Establish a mechanism for receiving and evaluating claims
After establishing the IDPRC
IDPRC
Issue a decision establishing the mechanism
8.6.4
Collect IDP and Refugee data
After establishing the IDPRC
IDPRC
IDPRC
Take the necessary measures to collect IDP and refugee data
8.6.5
Launch an awareness campaign for IDPs and refugees
After establishing the IDPRC
IDPRC
IDPRC
Institute media/awareness plan
8.6.6
Establish and monitor entry points, transit, and reception centers
After establishing the IDPRC
IDPRC
IDPRC
Define entry points, transit and reception centers
8.6.7
Design mechanisms to monitor human rights conditions in areas of return
After establishing the IDPRC
IDPRC
Create the mechanisms
8.6.8
Implement programs to meet the special needs of vulnerable groups
After establishing the IDPRC
IDPRC
IDPRC
Institute programs
8.6.9
10
11
12 13
14 15 16 17
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Implement programs to reconstruct and repair destroyed or damaged homes
After establishing the IDPRC
IDPRC in coordination with relevant commissions and bodies
IDPRC
Institute programs
8.6.10
Implement programs to rebuild public utilities and other infrastructure
After establishing the IDPRC
IDPRC in coordination with relevant commissions and bodies
IDPRC
Institute and implement programs
8.6.11
Reunite unaccompanied and separated minors with their parents and families
After establishing the IDPRC
IDPRC
IDPRC
Institute and implement a plan for the reunion
8.6.12
Conduct regular surveys and evaluations of the situation of IDPs and refugees
After establishing the IDPRC
IDPRC
IDPRC
Institute and implement a plan for the survey and evaluation
8.6.15
Schedule the voluntary return, reintegration, and resettlement processes according to specific timetables
After establishing the IDPRC
IDPRC
IDPRC
Institute the timetables and implement its operation
9.1.3
18
19
20 21
22
#
1
Activity
6. Darfur Track:
Development of Nomads and Herders Sector Implementation Matrix
Timing Implementing Source of Composition Procedures Party Funding
Reference / Article
Establish a Commission for the Development of Nomads and Herders Sector in Darfur Region/states
Within 60 days of the date of signing the Agreement
Transitional Government of Sudan
The Darfur Peace Support and Sustainable
Issue a decision to form the commission
7.1
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Development Fund
Make the procedures of the Commission for the Development of Nomads and Herders Sector available for the public
Within 6 months of the date of signing the Agreement and for 10 years
The Parties
Inform the public about the commencement the Commission’s operations
7.2
Agree on the organizational and functional structure of the Commission for the Development of Nomads and Herders Sector
Immediately after the establishment of the Commission
The Parties
The Parties
Develop the organizational and functional structure of the Fund
7.3
Develop the regulations and rules of procedures of the Commission
Immediately after the establishment of the Commission
The Federal Government of Sudan and Darfur regional/ states government
Develop and adopt the regulations and rules of procedures
7.4
Transfer assets of all relevant commissions and mechanisms to the Commission for the Development of Nomads and Herders Sector in Darfur
Immediately after the establishment of the Commission
The Federal Government of Sudan and Darfur regional/ states government
Issue a decision to transfer assets to the Commission
7.8
Engage the nomad community in public affairs
After establishing the Commission
Commission for the Development of Nomads and Herders Sector
Institute strategies
8.11
Fund the Commission for the Development of Nomads and Herders Sector in Darfur
After the establishment of the Commission and for a period of 10 years
Commission for the Development of Nomads and Herders Sector
The Darfur Peace Support and Sustainable Development Fund
Allocate budget
8.15
2
3
4
5
6
7
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Coordinate with localities, states/regions and neighboring countries on the activities of herders and nomads
After establishing the Commission
The Commission and relevant parties
Develop laws, regulations, protocols and administrative systems
5
8
7. Darfur Track:
Land and Hawakeer Implementation Matrix
#
1
2
3
4
Activity
Timing
Implementing Party
Source of Funding
Composition
Actions
Reference / Article
Demarcate borders of Sudan’s regions including the historical borders of Darfur
After holding the system of governance conference
National Borders Commission
Transitional Government of Sudan
Take the necessary measures
7.2
Review the registration of lands which are proven to have been expropriated or forcibly taken after June 1989
After signing the Final Agreement
Darfur Land and Hawakeer Commission (DLHC)
DLHC
Take the necessary measures
8.1 8.2 8.3 8.4 8.5 8.6 8.7
Evacuate those residing illegally in the lands of others in Darfur since 2002
After issuing the decision establishing the DLHC
Competent authorities in cooperation with the civil administrations
DLHC
Issue the evacuation decisions
8.8
Establish the Darfur Lands and Hawakeer Commission (DLHC)
Within 60 days of the date of signing the Agreement
Transitional Government of Sudan
The Darfur Peace Support and Sustainable Development Fund
Issue a decision to establish the DLHC
9.1
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Make DLHC’s procedures available for the public
Within 6 months of the date of signing the Final Agreement
DLHC
DLHC
Inform the public about the commencement of DLHC operations
9.2
Agree on the organizational and functional structure of the DLHC
After establishment of the DLHC
The Parties
Institute the organizational and functional structure of the DLHC
9.3
Institute the regulations and rules of procedures of DLHC
Immediately after the establishment of the DLHC
DLHC
Institute the regulations and rules of procedures
9.4
Establish a special court for the DLHC
Immediately after the establishment of the DLHC
The Judiciary
Issue a decision to establish the court
9.5
Form local committees for claims that include local, traditional, and community leaders.
Immediately after the establishment of the DLHC
DLHC
Local, traditional and community leaders, and representatives of IDPs, refugees and women’s organizations
Issue decisions to form the committees
9.6
Form a mechanism for evaluating claims
After establishment of the DLHC
DLHC
Issue a decision of establishing the mechanism
9.7
Fund the DLHC
After establishment of the DLHC and for a period of 10 years
The Darfur Peace Support and Sustainable Development Fund
11.1
5
6
7
8
9
10 11
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Request assistance of the international community for funding
After signing the Final Agreement
The Parties
11.2
12
#
1
8. Darfur Track:
Justice, Accountability, and Reconciliation Implementation Matrix
Activity
Timing
Implementing Party
Source of Funding
Composition
Procedures
Reference / Article
Establish the Truth and Reconciliation Committee (TRC)
Within 60 days of the date of signing the Final Agreement
The Parties
The Darfur Peace Support and Sustainable Development Fund
11 members and each Party shall select at least one woman
Issue a decision creating the committee
22.1 22.1.1 22.1.2 22.1.3 22.1.4 22.1.5 22.1.6 22.4 21.1
TRC commencement of operations
Within 60 days of the date of establishing the TRC and for a period of 10 years
TRC
The Darfur Peace Support and Sustainable Development Fund
Take the necessary measures
22.2
Create headquarters and offices of the TRC
After establishment of the TRC
TRC
The Darfur Peace Support and Sustainable Development Fund
Take the necessary measures
22.3
Determine the semi-judicial powers of TRC and protect staff and witnesses
After establishment of the TRC
The Parties
22.5.10 22.7
2
3
4
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Present and publish reports and recommendations
Periodically after commencing its activities
TRC
Draft and submit reports to the Darfur regional/ state government and publish them.
22.5.11
Provide funding and technical assistance by the international community
After establishment of the TRC
The Parties
The Darfur Peace Support and Sustainable Development Fund, and the international community through the Darfur Peace Support and Sustainable Development Fund
Solicit funding and technical assistance
22.6
Develop the regulations and rules of procedures of the TRC
Immediately after the establishment of the TRC
TRC
Develop and adopt the regulations and rules of procedures
22.7
Enable traditional justice mechanisms in Darfur to deal with individuals who have committed crimes related to the conflict or to the perpetuation of inter-tribal and intra-tribal conflicts
After establishment of the TRC
TRC and local authorities
The Darfur Peace Support and Sustainable Development Fund
Empower traditional mechanisms and provide them with the logistics
23.1 23.2 23.3 23.6
Cooperation with the ICC and facilitating the appearance of the wanted before the ICC
Immediately after signing the Final Agreement
The Parties
Communication and the full unlimited
24.1
5
6
7
8
9
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and abiding by the Security Council Resolution 1593
cooperation with the ICC
Facilitate access to victims, witnesses, and investigation sites, and allow ICC personnel to freely move around and ensure the protection and safety of all prosecutors, victims and witnesses
Immediately after signing the Final Agreement
Transitional Government of Sudan
Facilitate access to victims, witnesses and investigation sites
24.2 24.3
Sequester persons arrested, standing trial, and convicted
After signing the Final Agreement
Transitional Government of Sudan
Issue decisions to sequester
24.4
Establish the Special Court for Darfur Crimes
Within 90 days of the date of signing the Agreement and continues for 10 years
The Judicial Authority
Issue a decision establishing the court
25.1 25.2 25.5
Appoint an independent prosecutor for the Special Court for Darfur Crimes
After signing the Agreement
The prosecutor with consensus of the Parties
Issue a decision appointing the public prosecutor of the Special Court for Darfur Crimes
25.3
Ensure access of witnesses, victims, and perpetrators to the Special Court, including those outside of Darfur
After establishing the Special Court for Darfur Crimes
Government of Sudan
The Darfur Peace Support and Sustainable Development Fund
Take the necessary arrangements to ensure access of witnesses, victims and perpetrators
25.8
Establish national courts and refer all crimes outside its jurisdictions to the Special
After establishing the Special Court
Issue decisions to establish courts
20.2
10
11 12
13
14
15
Page 188 of 242
Court, traditional justice for Darfur
mechanisms, and the TRC Crimes 16
Issue a general amnesty
Immediately upon signing the Final Agreement
Government of Sudan
Issue a decision for general amnesty
26.1
And article 17.1 of the National Issues
Restitute property belonging to the organizations and individuals which have been confiscated because of the war, upon proving ownership thereof
Immediately upon signing the Final Agreement
Government of Sudan
Issue a decision to restitute property
26.2 and article 17.2 of the National Issues
Establish memorials to honor and commemorate the victims of the conflicts in Darfur.
After signing the Final Agreement
TRC & the Compensations Fund
The Darfur Peace Support and Sustainable Development Fund
Design the necessary programs for commemoration
27.1 27.2 27.3
17
18
9. Darfur Track Permanent Ceasefire and Security Arrangements Implementation Matrix
# (a)
1
2
Activity Timing (b) (c)
Form the Joint Media D-Day Committee
Implementing Party
(d)
The Parties
Funding (e)
Government of Sudan
Composition (f)
Procedures (g)
Decision
Reference (h)
Article 32.1
Signing the agreement, start of the permanent ceasefire which replaces the agreement on Cessation of Hostilities
D-Day
The Parties
Inform individuals
Article 15.1
Page 189 of 242
Submit reports to the Mediation
D-Day +3
Armed struggle movements
Article 23.2
Entry into force of the permanent ceasefire Agreement
D-Day +3
The Parties
Article 12.1
Form the control and command mechanisms to implement the Agreement (name members)
D-Day + 7
The Parties + a third party and the Mediation
Government of Sudan
The Parties, the Mediation and a third party
Decision
Article 25.2
Activate the Humanitarian Committee established under the Cessation of Hostilities Agreement
D-Day + 7
The Parties
Government of Sudan
The Parties
Decision
Article 20.2
Designate Assembly areas and focal points of the forces of the armed struggle movements
D-Day + 14
Ceasefire Committee
Government of Sudan
Designating areas and points
Article 23.4
Disclose and monitor troop locations of both parties
The Parties and competent committees
Government of Sudan
Reveal locations
Article 13.1.4
Establish joint technical integration committee (in the military institution and other security services)
D-Day + 14
The Joint High Military Committee for Security Arrangements
Government of Sudan
The Parties
Establishing decision
Articles 26.17.4 27.6 28.4
Establish the Joint High Council
D-Day + 14
Commander- in-Chief of the Armed Forces
Government of Sudan
The Parties
Establishing decision
Article 26.7
Restructure the Regional Darfur Commission for Security Arrangements
D-Day + 30
The Parties
The Parties
Establishing Decision
Article 31.1
3 4 5
6
7
8 9
10 11
Page 190 of 242
The Joint High Council shall establish a joint high committee to address the issue of prisoners and missing persons of both parties
D-Day + 30
The Joint High Council
Government of Sudan
The Parties
Decision by the Council
Articles 26.8
Arrival of guard force to protect important persons arrives for training
D-Day + 30
Armed Struggle Movements
Government of Sudan
Arrival of individuals
Article 25.4
Commence arrival of the forces of the armed struggle movements to Assembly areas
D-Day + 45
The Parties and competent committees
Government of Sudan
Coordination
Article 26.17.9
Commence hand over of long-range and crew- administered weapons
D-Day + 45
Armed Struggle Movements
Government of Sudan
Procedures
Article 22.5
Create a joint specialized technical committee to assess weapons and assets
D-Day + 45
The Parties
Government of Sudan
The Parties
Decision
Article 22.6
Submit lists of combatants of the armed struggle movements and begin entering Assembly areas
D-Day + 45
The Ceasefire Committee
Submit lists
Articles 23.5 & 23.6
Restructure the National DDR Commission and DDR High Council
D-Day +45
Government of Sudan
Government of Sudan
The Parties
Decision
Article 30.4
Submit manifests of missing names of combatants of the armed struggle movements within a percentage of 10% of the main list.
D-Day +45 until D-Day +66
The Ceasefire Committee
Submit manifests
Articles 23.7
12
13 14
15 16 17
18 19
20 Establish the Darfur Regional DDR Commission
D-Day + 75
National DDR Commission
Government of Sudan
The Parties
Decision
Articles 30.8.1
Page 191 of 242
Formation of the command and forces of the security keeping force in Darfur
D-Day + 90
The Parties
Government of Sudan
The Parties
Decision
Articles 29.1.1
Appoint officers from the armed struggle movements in the planning and policy unit
D-Day + 90
The Parties
The Parties
Decision
Article 26.9
The Joint High Committee for addressing the issue of war prisoners and missing persons submits its final report to the Joint High Council
D-Day + 120
The High Committee for addressing the issues of war prisoners and missing persons
Government of Sudan
Submit reports
Articles 26.8
21 22 23
24 Completion of the training and integration processes
D-Day + 90 to D-Day +450
Competent committees
Government of Sudan
Article 26.3
The Security Keeping Force in Darfur operates for a renewable period of 24 months
D-Day +720
The Joint High Council
Government of Sudan
The Parties
Article 29.6
End of the period of keeping the integrated forces of the armed struggle movements in Darfur states for (40) extendable months
D-Day +1200
The Joint High Council
The Parties
Article 26.5
Integrated combatants of the forces of armed struggle movements may not go into retirement in the first 6 years of their integration
D-Day +2160
The military institution and security services
Decision
Article 26.17.3
25
26
27
Note:
D-Day means the day of final signing of the Agreement and the duration thereafter is calculated in number of days.
Page 192 of 242
10. Two Areas Track:
Political Issues Implementation Matrix
Activity
Timing
Implementing Party
Source of Funding
Compositi on
Location
Procedures, Method & Criteria
Referenc e/Article
General Principles
Upon integrating the Peace Agreement into the Constitutional Charter
Transitional Government of Sudan
Government of Sudan
-
The Constitutional Charter and Laws
Articles 1 to 6
Autonomy in the Two Areas by which powers stipulated in this agreement are exercised, without prejudice to the unity of Sudan
Upon integrating the Peace Agreement into the Constitutional Charter
Transitional Government of Sudan & state/ regional government
In accordance with the provisions of the Peace Agreement
Article 8
Pass legislation without contravening the national constitution
Upon integrating the Peace Agreement into the Constitutional Charter
State/ regional government
In accordance with the provisions of the Peace Agreement
Article (9.1 – 9.2) & 37
Establish a joint committee to regulate, oversee, and monitor the activities of mining, petroleum
Within 60 days of forming the state/ regional government
Transitional Government of Sudan & state/ regional government
The Parties
State/ Region
Article 16.1 & 92
Share wealth generated from the revenue of natural resources and
Within 60 days of forming the
Transitional Government of Sudan & state/
Governmen t of Sudan & state/
State/ region
Articles 16.1
#
1
2
3
4
5
Page 193 of 242
6
7
8
9
10
11
JUBA AGREEMENT FOR PEACE IN SUDAN – OFFICAL ENGLISH VERSION
wealth extracted, tax revenue and taxes levied within the state/region
state/ regional government
regional government
regional governmen t
Conference to determine the fixed shares of wealth
At the end of the transitional period
Transitional Government of Sudan & state/ regional government
Transitional Government of Sudan & state/ regional government
The Parties
State/ Region
Article 16.2
Participation of the Two Areas in the Revenue Allocation and Monitoring Commission
Within 90 days of commencing implementation of the Agreement
Transitional Government of Sudan
Transitional Government of Sudan
The Parties
Article 21, 23
Reform and correct the banking system
Within 90 days of commencing implementation of the Final Agreement
Transitional Government of Sudan & state/ regional government
Article 22
Review the Zakat Bureau
Within 90 days of commencing implementation of the Final Agreement
Transitional Government of Sudan & state/ regional government
Article 25
Participation of SPLM- N-SRF in national authority organs
Upon forming the transitional governance organs
Transitional Government of Sudan
The Parties
Issue decisions
Article 29
Establish a committee to draft a transitional constitution of the state/region
After the system of governance conference
State/ Region governor
State/ Regional government
Partners in the transitional governance
State/ Region
Article 31
Page 194 of 242
in the state/ region
Appoint members of the legislative council
Within 30 days of appointing the governor
In accordance with the provisions of the Peace Agreement
Partners in the transitional governance in the state/ region
State/ Region
Issuing a decision
Articles 30, 32
Appoint men and women of the Two Areas in the justice system
Upon commencing implementation of the Final Agreement and continues thereafter
The Judiciary and the Attorney General
The Judiciary and the Attorney General
In accordance with the provisions of the Peace Agreement
Articles 50 to 51.5
Establish the Judiciary in the state/ region
Within 60 days of the date of commencing implementation of the Final Agreement
The Judiciary
The Judiciary
State/ Region
In accordance with the provisions of the Peace Agreement
Article 44 to 47
Establish the public prosecution office in the state/region
Within 90 days of signing the Final Peace Agreement
The Attorney General
The Attorney General
State/ region
In accordance with the provisions of the Peace Agreement
Articles 48 & 49
Reform the Justice System
Upon signing the Peace Agreement and continues thereafter
The Judiciary and the Attorney General
The Judiciary and the Attorney General
The Judiciary and the Attorney General
Issue decisions
Article 50.6
12
13
14
15
16
Page 195 of 242
Appoint the state/region governor and deputy thereof
Within 30 days of the date of signing the Peace Agreement
Transitional Government of Sudan
Issuing decisions
Article 30
Appoint the state/regional Council of Ministers
After appointing the state/region governor
The state/region governor
Partners of the transitional governance in the state/region
State/ region
In accordance with the provisions of the Peace Agreement
Article 30 & 55
The joint committee to restitute property of SPLM-N-SRF
Immediately upon signing the Peace Agreement
Transitional Government of Sudan
Transitional Government of Sudan
The Parties
All over Sudan
Article 64
Establish a joint committee to reform the civil service and accommodate the men and women of the Two Areas
Within 180 days of the date of signing the Peace Agreement
Government of Sudan
Government of Sudan
In accordance with the provisions of the Peace Agreement
Articles 68 to 70
Represent men and women of the Two Areas in the national commission of reforming civil service
After signing the Peace Agreement
Government of Sudan
Government of Sudan
In accordance with the provisions of the Peace Agreement
Articles 71 & 72
Establish the commission for the voluntary return for IDPs and refugees in the state/region
After establishing of the national commission of the voluntary return for IDPs and refugees
The state/ regional government
Transitional Government of Sudan and donors
The state/ regional governmen t
The state/ regional governme nt
Articles 76 to 83
17
18
19
20
21
22
Page 196 of 242
Establish the land commission in the state/ region
After establishing of the National Land Commission
The state/ regional government
The state/ regional government
The state/ regional governmen t
State/ region
In accordance with the provisions of the Peace Agreement
Article 84
Establish the commission for transitional justice and reconciliation in the state/region
After establishing of the national commission
The state/ regional government
Government of Sudan and donors
The state/ regional governmen t
State/ region
In accordance with the provisions of the Peace Agreement
Article 85
Establish the commission for religious freedoms in the state/ region
After establishing of the national commission
The state/ regional government
Government of Sudan and donors
The state/ regional governmen t
State/ region
In accordance with the provisions of the Peace Agreement
Article 86
Establish the Commission for the Development of the Nomads, Herders, and Farmers Sector in the state/ region
After establishing of the national commission
The state/ regional government
Government of Sudan and donors
The state/ regional governmen t
State/ region
In accordance with the provisions of the Peace Agreement
Article 87
Establish a national ministry for peace and human rights
After signing the Peace Agreement
Transitional Government of Sudan
Transitional Government of Sudan
Governmen t of Sudan
In accordance with the provisions of the Peace Agreement
Article 88
Establish a national fund for reconstruction and development
After signing the Peace Agreement
Transitional Government of Sudan
Transitional Government of Sudan
Governmen t of Sudan
In accordance with the provisions of the Peace Agreement
Articles 89 to 91
23
24
25
26
27
28
Page 197 of 242
29
30
31
32
33
JUBA AGREEMENT FOR PEACE IN SUDAN – OFFICAL ENGLISH VERSION
Restructuring the two funds for the reconstruction and rehabilitation of the Two Areas
After signing the Peace Agreement
Transitional Government of Sudan and the state/ regional government
Transitional Government of Sudan
Governmen t of Sudan and the state/ regional governmen t
In accordance with the provisions of the Peace Agreement
Articles 90 & 91
Introduce policies and establish implementation mechanisms to care for environmental issues
After signing the Peace Agreement
Transitional Government of Sudan and the state/ regional government
Transitional Government of Sudan
Governmen t of Sudan and the state/ regional governmen t
In accordance with the provisions of the Peace Agreement
Articles 93 to 95
Address national projects in the state/ region
After signing the Peace Agreement
Transitional Government of Sudan and the state/ regional government
Transitional Government of Sudan and the state/ regional government
The Parties
In accordance with the provisions of the Peace Agreement
Articles 97 to 100
Compensate individuals affected by the Roseires Dam
After signing the Peace Agreement
Transitional Government of Sudan and the state/ regional government
Transitional Government of Sudan
In accordance with the provisions of the Peace Agreement
Article 98
Compensate individuals affected by the building of al-Fulah power plant
In accordance with the provisions of the Peace Agreement
Transitional Government of Sudan and the state/ regional government
Transitional Government of Sudan
In accordance with the provisions of the Peace Agreement
Article 99
Page 198 of 242
Establish Irrigated agriculture projects within the State/Region of Blue Nile
After signing the Peace Agreement
Transitional Government of Sudan and the state/ regional government
Transitional Government of Sudan
Governmen t of Sudan and the state/ regional governmen t
In accordance with the provisions of the Peace Agreement
Article 101
Secure emergency funding to implement the Peace Agreement
Within 60 days of the date of signing the Peace Agreement
Transitional Government of Sudan
Transitional Government of Sudan
The higher committee to monitor the implementa tion of the Peace Agreement
In accordance with the provisions of the Peace Agreement
Article 102
Integrate the Peace Agreement of the Two Areas into the Constitutional Charter
Ten days after signing the Final Peace Agreement
Transitional Government of Sudan
Transitional Government of Sudan and partners of peace
The Parties
Through a joint committee by The Parties, in accordance with the provisions of the Peace Agreement
Article 112
Hold small conferences in the Two Areas to prepare and draft the constitution
Before holding the national constitutional conference
State/ regional government
State/ regional government and donors
State/ regional governmen t
In accordance with the provisions of the Peace Agreement
Article 104
Establish a fund concerned with affairs of martyrs and wounded persons
Within 90 days of the date of signing the Peace Agreement
State/ regional government
Transitional government of Sudan, state/ regional
State/ regional governmen t
In accordance with the provisions of the Peace Agreement
Article 105
34
35
36
37
38
Page 199 of 242
government and donors
Introduce the necessary policies to ensure that higher education is free of charge and grant scholarships in order to cover expenses of students from war- affected areas
After signing the Peace Agreement
Government of Sudan
Transitional Government of Sudan
Introducing the necessary policies
Articles 106 to 108
Allocate full university and post-graduate scholarships for the men and women of the positively discriminated state/region to reverse the impact of wars
After signing the Peace Agreement
Government of Sudan and the state/ regional government
Transitional Government of Sudan
In accordance with the provisions of the Peace Agreement
Article 108
Integrate and accommodate for staff of civil service in the areas controlled by the SPLM-N-SRF
After signing the Peace Agreement
State/ regional government
State/ regional government
Article 109
Hold reconciliation conferences
Within the first year of signing the Peace Agreement
State/ regional government
State/ regional government
Article 110
Form a joint high committee to monitor the implementation of the Peace Agreement
After signing the Peace Agreement
Transitional Government of Sudan and the State/ regional government
Transitional Government of Sudan
The Parties
Article 111
39
40
41
42
43
Page 200 of 242
46
JUBA AGREEMENT FOR PEACE IN SUDAN – OFFICAL ENGLISH VERSION
Address adverse side effects of oil excavation and gold mining activities
After forming the state/regional government
Transitional Government of Sudan and the state/ regional Government
Transitional Government of Sudan and the State/Region al Government
The Two Areas
Article 48.3
Return the north- western triangle of East Agadi and al-Dinder Reserve, once its affiliation with the state/region is proven
After forming the state/regional government
Transitional Government of Sudan and the state/regional government
Transitional Government of Sudan
Transitiona l Governmen t of Sudan and the state/region al governmen t
Blue Nile
Article 50/
Review contracts and projects of mining chromium, gold and asbestos
After forming the state/regional government
Transitional Government of Sudan and the state/regional government
Transitional Government of Sudan and the state/regiona l government
The Two Areas
Article 54.4
44
45
11. Two Areas Track:
Security Arrangements
# Activity (a) (b)
1
Timing Implementing Party
(d) (c)
Source of Funding
Composition
Location
Procedures
Reference /Article (e)
Signing the agreement, the entry into force of permanent ceasefire
D-Day
The Parties
-
-
The Two Areas
Inform individuals
Articles 39
Page 201 of 242
replacing the agreement on the Cessation of Hostilities for Humanitarian Purposes
Demining
D-Day
The Parties and the UN
Government of Sudan, the UN, and guarantors
-
The Two Areas
Implementation
Article 29.1
Comply with the Humanitarian Assistance Agreement signed in Juba on 21 October 2019
D-Day and continues
The Joint Humanitarian Committee
Government of Sudan and the UN
-
Khartoum and the Two Areas
-
Article 29.1
The Joint High Military Committee for Security Arrangements
D-Day + 7
The Parties
Government of Sudan
-
Khartoum and the Two Areas
Decisions
Article 52.1
Joint Military Ceasefire Committee
D-Day + 7
The Parties
Government of Sudan
-
Khartoum and The Two Areas
Decisions
Article 45
The Joint Military Ceasefire Committee for the Area
D-Day + 7
The Parties
Government of Sudan
ad- Damazin/ Kadugly
Decisions
Article 56
2 3
4
5
6
7 Military field committees
8 Submit reports
9 Form Joint Media
Committee
10 Appoint a force to guard
D-Day + 7
D-Day + 7 D-Day + 14
D-Day + 14
The Parties
SPLA-N-SRF The Parties
SPLA-N-SRF
Decisions Article 58 ---- Article 78
Government of Sudan
The Two
Areas
Government of Sudan Government of Sudan
-
- - Article 102
Khartoum - Article 51
important figures
-
Establish two DDR committees
D-Day + 14
The Parties
Government of Sudan
6 members from each Party, the third party, partners and donors
The Two Areas
Article 63
11
Page 202 of 242
Establish the Joint Police Technical Committee
D-Day + 14
The Parties
Government of Sudan
Articles 89.5 and 90
12
13 Disengage and separate forces
14
15
16
17
18
19
D-Day + 14
The Ceasefire Committee
Government of Sudan
Article 44.1
Establish the Joint General Intelligence Service Technical Committee
D-Day + 14
The Parties
Government of Sudan
Article 93.3
Determine Assembly Areas for the SPLM-N- SRF forces
D-Day + 21
The Joint High Military Ceasefire Committee
Government of Sudan
Article 39.2
Submit manifests of the SPLA-N-SRF combatants
D-Day + 21
The Joint High Military Ceasefire Committee
Article 45.1.1
Develop and design a comprehensive plan for the assembly and quartering of SPLA-N- SRF forces
D-Day + 21
The Joint High Military Ceasefire Committee
Government of Sudan
Article 45.1.2
Submit accurate maps of locations of deployment of the forces of both Parties
D-Day + 21
The Parties & Ceasefire Committee
Article 47
Begin instituting plans for the reform, modernization, and development of the military institution and security services and establish mechanisms
D-Day + 30 and continues
The Security and Defense Council;
The Joint High Council;
The Sovereign Council and
Government of Sudan
Articles 96
96.1 96.2 96.3
Page 203 of 242
thereof and follow up the implementation of the process.
Council of Ministers;
The Security and Defense Committee within the Transitional Parliament
Begin preparatory procedures, including verification, classification, monitoring, and inventorying of arms.
D-Day + 45
The Joint Military Ceasefire Committee and a third party
Government of Sudan
Articles 43, 46.1
SPLA-N-SRF forces outside the Two Areas will be assembled and integrated into the Two Areas
D-Day + 45
Command and Control Mechanisms
Government of Sudan
The Two Areas
Articles 45, 84
Hand over weapons and equipment in assembly areas and determining the manner of handling
them.
D-Day + 45
Ceasefire Committee and a third party
Government of Sudan
Articles 46.2 46.3
80
20
21
22
23 Evacuate all civil institutions
24
25 Begin training, organizing, and
D-Day + 45
D-Day + 60
The Parties
The Parties
Implementation
Article 41
Article 93.2
Begin training, organizing, and integrating the SPLA-N- SRF forces integrated into the police
D-Day + 60
The Parties
Government of Sudan with the help of the international community
Issue decision to appoint officers after training
Articles 89.4
92
Page 204 of 242
integrating the SPLA-N- SRF forces reintegrated into the General Intelligence Agency
Phase One:
assembly, training, organization, and integration
D-Day, until + 360 days
The Parties and Command and Control Mechanisms
Government of Sudan
The Two Areas and training institutes
Article 68.1, 68.2
Phase Two:
deployment to battalions
From (D-Day +360) until (D- Day +780)
The military establishment
Government of Sudan
The Two Areas
Article 69
Phase Three:
deployment in companies all over Sudan
From (D-Day +780) until (D- Day +1200)
The military establishment
Government of Sudan
All over Sudan
Article 70
Upon conclusion of the security arrangements period, the integrated forces at the individual level shall work all over Sudan
D-Day +1201
The military establishment
Article 71
26
27 28 29
Page 205 of 242
12. Northern Track Implementation Matrix
#
1
2 3
4
5
6
Activity
Timing
Implementing Party
Sources of Funding
Composition
Procedures
Reference/ Article
Reform governance and state institutions
After holding the governance system conference
The Parties and all stakeholders
Government of Sudan
-
Issue decisions and form committees
Article 6 General Principles
Activate mechanisms to ensure the respect of human rights
After signing the agreement
Government of Sudan
Government of Sudan
-
Issue decisions and activate the mechanisms
Article 7 General Principles
Integrate the present agreement in the Constitutional Charter
Immediately upon ratifying the peace agreement
Government of Sudan
-
-
-
Article 8 General Principles
Establish specialized organs and commissions that ensure remedying grievances and restitution
After ratifying the peace agreement
Government of Sudan
Government of Sudan
Create the specialized organs
Issue decisions
Article 14 General Principles
Share power and wealth according to equitable and proven standards
Immediately upon ratifying the peace agreement
Independent mechanisms
Government of Sudan
-
Establish mechanisms
Article 15 General Principles
Address land, dams and environmental, issues and provide reparations
Immediately upon ratifying the peace agreement
Government of Sudan and local communities
Government of Sudan
The mechanisms
Issue decisions and establish mechanisms
Article 17 General Principles, Article 3 and sub- paragraphs (Northern Track Issues)
Page 206 of 242
Form a committee to study the request to cancel the construction of (Dal, Kajbar and al-Shereyk) dams
Immediately upon ratifying the peace agreement
Government of Sudan
Government of Sudan
The Parties and local communities
Issue the decision to form the committee
Article 4 (Northern Track Issues)
Form an independent committee to investigate human rights violations (Kajbar/ al-Arkoub)
Immediately upon ratifying the peace agreement
The Attorney General
Government of Sudan
-
Issue the decision to form an independent committee
Article 7 (Northern Track Issues)
Form a specialized technical committee to investigate and verify the burial of atomic and electronic waste
Immediately upon ratifying the peace agreement
Government of Sudan
Government of Sudan
With the help of International Atomic Energy Agency and local communities
Issue the decision to form the technical committee
Article 8 (Northern Track Issues)
Implement the unimplemented obligations of the Nile Waters and the High Dam agreements
To begin after ratifying the peace agreement and end before the end of the transitional period
Government of Sudan
Government of Sudan
Government of Sudan and stakeholders
Review the work of past committees and conduct the necessary studies
Article 9 (Northern Track Issues)
Create the appropriate conditions and build the necessary infrastructure for the return of forcibly displaced persons
Immediately upon ratifying the peace agreement
Government of Sudan
Government of Sudan
Joint mechanism to set the parameters and bases
Issue the decision to form the joint mechanism
Article 10 (Northern Track Issues)
Endeavor to address all issues of resettlement in the villages of al-Hamdab
Immediately upon ratifying the peace agreement
Government of Sudan
Government of Sudan
Sudan Government and stakeholders from among
Issue decisions to form the committees and mechanisms
Article 11 and its subparagraphs (Northern Track Issues)
7
8
9
10
11
12
Page 207 of 242
the affected persons
Work to allocate a share of the revenue of Merowe Dam
After ratifying the peace agreement
The Parties
Government of Sudan
Issue law for sharing, allocating, and monitoring financial revenue
Article 12 (Northern Track Issues)
Work to establish development projects to encourage people to return
After ratifying the peace agreement
Government of Sudan
Government of Sudan
-
-
Article 13 (Northern Track Issues)
Protect antiquities, investigate the crimes of looting and destroying them and restore the artifacts that have been looted or offered as presents and encourage tourism
Immediately upon ratifying the peace agreement
Government of Sudan
Government of Sudan
-
Issue decisions to form committees
Article 14 (Northern Track Issues)
Consider ways to integrate the Nubian language in the curricula and establish educational institutes and institutions to teach the Nubian language.
Immediately upon ratifying the peace agreement
Government of Sudan
Government of Sudan
Government of Sudan
Issue decisions to form a committee to conduct the study
Article 15 (Northern Track Issues)
Carry out feasibility studies and review past ones
Immediately upon ratifying the peace agreement
Government of Sudan
Government of Sudan
Government of Sudan
Issue decisions to form a committee to conduct the study
Article 16 and its sub- paragraphs (Northern Track Issues)
Regulate and control mining and address its adverse impacts
After ratifying the peace agreement
Government of Sudan
Government of Sudan
Government of Sudan
Enact the necessary laws
Article 17 (Northern Track Issues)
13
14 15
16
17
18
Page 208 of 242
Address the negative impacts of Merowe Dam
After ratifying the peace agreement
Government of Sudan
Government of Sudan
Government of Sudan and the Parties
Issue decisions to form the committees
Article 18 and its sub- paragraphs (Northern Track Issues)
Encourage the establishment of cooperatives
After ratifying the peace agreement
Government of Sudan
Government of Sudan
Government of Sudan
Amending laws and granting privileges
Article 19 (Northern Track Issues)
Address the problems of desertification and the environment and their impact on agrarian and residential lands and the Nile riverbed
After ratifying the peace agreement
Government of Sudan and local and international environmental organizations
Government of Sudan
Government of Sudan
Issue decisions to form committees composed of the Parties
Article 20 (Northern Track Issues)
Establish an independent and specialized committee to investigate the incidents of burning palm trees
Immediately upon ratifying the peace agreement
The Attorney General
Government of Sudan
-
Forming the committee
Article 21 (Northern Track Issues)
Improve and encourage cross- border trade and crossings
After ratifying the peace agreement
Government of Sudan
Government of Sudan
-
Article 22 (Northern Track Issues)
Evaluating cement factories
After ratifying the peace agreement
Government of Sudan
Government of Sudan
-
Article 23 (Northern Track Issues)
Establish scientific research centers
After ratifying the peace agreement
Government of Sudan
Government of Sudan
-
-
Article 24 (Northern Track Issues)
Study, review, and address the issues of the displaced persons of Amri included in the reference
Immediately upon ratifying the peace agreement
Government of Sudan
Government of Sudan
The Parties
Forming a committee
Articles 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34 (Northern Track Issues)
19
20 21
22
23 24 25 26
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Consider, review, and address the issue of al-Manasir included in the reference
After ratifying the peace agreement
Government of Sudan
Government of Sudan
Articles 35, 37, 38 & 40 (Northern Track Issues)
Create a joint mechanism to establish rights and reparations
Immediately upon ratifying the peace agreement
Government of Sudan
Government of Sudan
The Parties
Establishing the joint mechanism
Article 36 (Northern Track Issues)
27
28
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13. Central Track Implementation Matrix
# 1
2 3 4 5 6 7 8
Activity
Timing
Implementing Party
Source of Funding
Composition
Procedures
Reference/ Article
Rehabilitate the agricultural sector
Upon final signing of the agreement
Government of Sudan
Government of Sudan & Reconstruction Fund for Development and Peace
Parties to the Agreement
Prepare studies and form mechanisms
Articles 2 &7
Improve development and revenue and provide services
Upon final signing of the agreement
Government of Sudan
Government of Sudan
Parties to the Agreement
Form committees and create mechanisms
Articles 3 &7
Establish specialized centers to combat epidemics and endemics
Upon final signing of the agreement
Government of Sudan
Government of Sudan
Parties to the Agreement
Issue decisions for implementation
Articles 3(b) & 7
Provide judicial services
Upon final signing of the agreement
Government of Sudan
Government of Sudan
-
Issue decisions for implementation
Article 3(c)
Review land and investment laws
Upon final signing of the agreement
Government of Sudan
Government of Sudan
Parties to the Agreement
Form committees and create mechanisms
Articles 4 &7
Address issues of refugees, IDPs and returnees
Upon final signing of the agreement
Government of Sudan
Government of Sudan
Parties to the Agreement & stakeholders
Form committees and create mechanisms
Articles 5 &7
Review assets and property of national agricultural projects
Upon final signing of the agreement
Government of Sudan
Government of Sudan
Parties to the Agreement
Form committees and create mechanisms
Article 6
Represent the Track on all committees, commissions, and bodies
Upon final signing of the agreement
Government of Sudan
-
Parties to the Agreement
Issue decisions by the Reconstruction Fund for Development & Peace
Article 7
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Support agricultural production and fund projects by allocating the largest share from the Reconstruction Fund for Development and Peace
Upon final signing of the agreement
Government of Sudan
Government of Sudan (Reconstruction Fund for Development & Peace)
-
Issue decisions by the Reconstruction Fund for Development & Peace
Article 8
Cover all expenses necessary for implementation of the Agreement
Upon final signing of the agreement
Government of Sudan
Sudan Government
Form a follow-up mechanism
Issue decisions for implementation
Article 9
Represent Parties to the Peace Agreement in governance in the states of Sennar, El-Gezira and White Nile
Upon forming states’ governments
Government of Sudan
-
-
Issue decisions for appointments
Article 28.1 of the National Issues
9
10
11
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14. Third Front-Tamazuj Security Arrangements Implementation Matrix
# Activity (a) (b)
1
2
3
4
5 6 7
Timing Implementing Party
(d) (c)
Source of Funding
Composition
Location
Procedures
Reference /Article
Signing the agreement, the entry into force of permanent ceasefire
D-Day + 3
The Parties
-
-
Locations where Third Front – Tamazuj Forces are present
Articles 12, 15.1
Submit reports with numbers of sizes of forces, weapons, and equipment
D-Day + 3
The Second Party
-
-
Article 23.1
Form a high committee to monitor implementation of the Agreement
D-Day + 7
The Parties
Government of Sudan
(4) representatives from each Party
Khartoum
Decision
Article 22.1
Form sub-committee for command, control, and implementation of the Agreement
D-Day + 7
The Parties
Government of Sudan
(6) representatives from each Party
Babanusa
Decision
Article 22.4
Submit manifest with combatant names
D-Day + 14
The Second Party
(4) representatives from each Party
Article 23.2.1
Form joint committee for DDR
D-Day + 14
The Parties
Government of Sudan
(4) representatives from each Party
Article 24.5, 27.1.2
Submit manifest with dropouts at a 10% rate from the original list
D-Day + 21
The Second Party and sub- committee
Article 23.2.1
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Determine and begin preparing Assembly Areas
D-Day + 14
High Committee
Government of Sudan
-
-
-
Article 23.2.1
Commence entering Assembly Areas and procedures for inspection, sorting, and categorization, provided that forces are fully integrated in the Assembly Areas within 60 days
D-Day + 45 until D-Day + 60
Sub-committee and High Committee
Government of Sudan
-
-
-
Article 23.2.2
8 9
10 Transfer those not fit for DDR
11
12
13
D-Day + 80
Competent Committee
Government of Sudan
Article 23.2.3
Transfer those fit for service to training camps determined by the military institution, police, and General Intelligence Services
D-Day + 80
Competent Committee
Government of Sudan
Article 23.2.4
Transfer officers to areas designated for training officers after completion of basic training
D-Day + 180
Competent Committee
Government of Sudan
Articles 23.2.5
Conclusion of assembly, inspection, sorting, verification, training, and integration of Third- Front Tamazuj forces within 12 months of signing the Agreement
D-Day until D- Day + 360
Competent Committee
Government of Sudan
Article 24.8
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15. Eastern Track Implementation Matrix
#
1
2 3
4
5
Activity
Resource allocation
Timing
After ratifying the Agreement
Implementing Party
Government of Sudan
Funding
Government of Sudan
Composition
Procedures
Allocate specific resources to the region
Reference /article
1
System of governance
After the governance and administration conference
Government of Sudan
Government of Sudan
Issue decrees and laws
1
Investigate events in the region
Immediately after signing the Agreement
Government of Sudan
Government of Sudan
Create independent investigation mechanisms
9
Rights of the loading and unloading workers
After final signing of the Peace Agreement
Government of Sudan
The High Committee for Implementing the Agreement
Review laws and develop policies and permanent remedies for the employment status of workers
10
Establish the foundations of civil peace
After final signing of the Agreement
Government of Sudan
Government of Sudan
The High Committee for Implementing the Agreement
Review laws and means of implementation thereof, make decisions, hold the necessary workshops and conferences for that purpose and activate the role of media
11
Participation at the national level
Within 7 days of ratifying the Agreement
Government of Sudan
Issue the appointment decrees and decisions
12
6
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Allocate 30% of executive and legislative power in the three eastern states
Upon forming the state/regional institutions
Government of Sudan
Issue the appointment decrees and decisions
13
Remedy the imbalance in representation in the national civil service for citizens of Eastern Sudan at all levels
After final signing of the Peace Agreement
Government of Sudan (Commission of reforming the national civil service)
Government of Sudan
The Parties
Issue the appointment decrees and decisions (undersecretaries, university deans, directors and presidents of institutions and organs, the diplomatic sector, media outlets, etc.)
14 & 15
Issues of education and human resources development
After final signing of the Peace Agreement
Government of Sudan and the state/regional government
Government of Sudan
1- Mandatory and free of charge education
2- Prioritize education of girls
3- Promote local languages
4- Open boarding schools
5- Disseminate professional and vocational education 6- Apply positive discrimination
7- Pay students’ tuition fees
16, 17, 18, 19, 20, 21 & 22
Public health issues
After ratifying the Peace Agreement
Government of Sudan and the state/regional government
Government of Sudan
Government of Sudan and health organizations
1-Provide healthcare and improve and rehabilitate health facilities
24, 25, 26, 27, 28 & 29
7
8
9
10
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2- Improve and promote the health system
3- Make available specialized health centers in rural areas 4- Conduct a study on the impact of asbestos and remedy thereof
5- Study and remedy endemics and contagious diseases
6- Conduct a study on health and education sectors to identify priorities of establishing and rehabilitating facilities
Cultural diversity
After ratifying the Peace Agreement
Government of Sudan
Government of Sudan and the state/region government
1. Undertake measures and policies for implementation
30, 31, 32 & 33
Conference of the people of East Sudan
45 days after ratifying the Peace Agreement
Government of Sudan, Eastern Track and the political, civil, and community- based forces in East Sudan
Government of Sudan
1. Issue decisions on preparations of the conference
2. Include recommendations of the conference that are not provided for in this Agreement
34, 35, 36 and 37
Agreement Implementation Committee
Immediately upon ratifying the Peace Agreement
Government of Sudan
Government of Sudan
Government of Sudan, Eastern Track, and the
Issue a decision creating the committee, identifying
38
11
12
13
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14
15 16
17
18
19
JUBA AGREEMENT FOR PEACE IN SUDAN – OFFICAL ENGLISH VERSION
political, civil, and community- based forces in East Sudan
its headquarters and allocating funds
Allocate a share of the revenues of national projects operating in the state/region to social and economic development
After ratifying the Peace Agreement
Government of Sudan and the state/regional government
Government of Sudan
Issue a decision on implementation
43
Take active measures to apply positive discrimination
After ratifying the Peace Agreement
Government of Sudan
Government of Sudan
Institute sustainable socioeconomic and development policies
45 and 46
Take the necessary measures to resume shipping and unloading operations and customs and customs clearance procedures in states/region of Eastern Sudan
After ratifying the Peace Agreement
Government of Sudan and the state/regional government
Government of Sudan
Take measures and decisions on implementation
47
Develop and manage natural resources and the infrastructure
After ratifying the Peace Agreement
Government of Sudan
Government of Sudan
Institute policies and studies, make decisions, and review laws
49, 50, 51, 52, 55 and 56
Address energy problems
After ratifying the Peace Agreement
Government of Sudan and the state/regional government
Government of Sudan
Institute policies and studies and make decisions
53
Address water problems in the states/region of Eastern Sudan
After ratifying the Peace Agreement
Government of Sudan and the state/regional government
Government of Sudan
Institute policies and studies and make decisions
54
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Issues of lands, dams and displaced persons
After ratifying the Peace Agreement
The Parties
-Address border issues with Ethiopia and conclude the issue of Halayeb
- Issue a decision creating a regional land commission
- Issue a decision to review land settlement and registration laws
- Issue a decision creating an investigation committee regarding displaced persons
- Issue a decision to revise investment contracts
- Issue a decision to form a committee to revise the contracts of Upper Atbara and Setit
- Issue a decision to address the situation of displaced persons
57, 58, 59, 60, 61, 62 and 63
Agriculture and forestry issues
After ratifying the Peace Agreement
Government of Sudan
Government of Sudan
Conduct studies, develop policies, and take the necessary decisions and measures
64, 65, 66, 67 and 68
20
21
22 Remove the mesquite After ratifying the trees Peace Agreement
Government of Sudan and the
Government of Sudan
Institute policies and 69 take the necessary
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state/regional government
decisions and measures
The Eastern Development Fund
After ratifying the Peace Agreement
Government of Sudan
Government of Sudan, donors, and any other sources
The Parties
Issue decisions to select experts, enact a law and restructure the Eastern Sudan Reconstruction and Development Fund.
Issue a decision after consultation between the Parties to establish the board of directors, provided that the Parties are on the board, and appoint the executive director.
70, 71 and 72
Allocate 348,000,000 (three hundred forty- eight million USD) for the Eastern Development Fund
After ratifying the Peace Agreement
Government of Sudan
Government of Sudan
Undertake financial decisions for implementation
73
Establish the National Eastern Sudan Bank
After ratifying the Peace Agreement
East Sudan states/region
Government of Sudan
Issue a decision approving the establishment of the bank
74
Review all investment agreements and former projects by a joint legal and economic committee and specialized experts and revise the usurped rights due the policies of the defunct regime
After ratifying the Peace Agreement
East Sudan states/region
Government of Sudan
Make the necessary decisions
80, 81
23
24
25
26
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Hold an economic conference
After ratifying the Peace Agreement
East Sudan states/region
Government of Sudan
The Parties
Issue a decision to hold the conference and form a preparatory committee
82
Review imbalances of DDR procedures of the East Agreement of 2006
After ratifying the Peace Agreement
East Sudan states/region
Government of Sudan
The Parties
Issue a decision forming a joint committee
84.1
Participation of the people of eastern Sudan in the Armed Forces and regular services
After ratifying the Peace Agreement
Government of Sudan
Government of Sudan
Issue instructions for applying the positive discrimination principle
84.2 & 84.3
27
28 29
30 Demining and addressing the impacts of mines
31
After ratifying the Peace Agreement
Government of Sudan
Government of Sudan
Issue implementation 84.4 decisions
Allocate 30% of the central government’s net revenue from minerals and oil resources extracted from the states/region of eastern Sudan to the states/region for seven years
After ratifying the Peace Agreement
Government of Sudan
Government of Sudan
Issue implementation decisions
Annex A
Create a mechanism for identifying the share of social responsibility of national projects for the benefit of the states/region of eastern Sudan
Within 3 months of the date of signing the Peace Agreement
Government of Sudan
Government of Sudan
The Parties
Issue a decision to establish the joint mechanism
Annex A
32
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TITLE 10.
ANNEXES
Number Annex A Juba Declaration
Date
11 September 2019
B
Framework Agreement between the Transitional Government of the Republic of Sudan and the Darfur Track
28 December 2019
C
Political Declaration between the Government of the Republic of Sudan and the SRF
21 October 2019
D
Joint Declaration to Renew the Cessation of Hostilities between the Government of Sudan and the SRF
21 October 2019
E
Agreement to Extend the Negotiation Period between the Transitional Government of Sudan and the SRF
15 February 2020
F
Agreement to Extend the Negotiation Period between the Transitional Government of Sudan and the SRF
9 March 2020
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(A)
JUBA DECLARATION FOR TRUST-BUILDING MEASURES AND PRE-NEGOTIATION PRINCIPLES Between
The Government of the Sudan
and
The Revolutionary Front and the Sudan Liberation Movement-Transitional Council Sudanese Justice and Equality Movement
Sudan People’s Liberation Movement
Sudan Liberation Movement/Army
Beja Opposition Congress
United Popular Front for Liberation and Equality
Kush Liberation Movement
Sudan Liberation Forces Alliance
Juba Declaration for Trust-Building Measures and Pre-Negotiation Principles
APPRECIATING the kinship, love and joint history and destiny between the peoples of Republics of Sudan and South Sudan;
RESPONDING to the gracious invitation by General Salva Kiir Mayardit, President of the Republic of South Sudan, to the two parties of the Agreement;
RECOGNIZING that the peace issue is a strategic one;
and ending the war, strengthening internal unity and reformation of foreign relations will reflect positively on the lives of millions of IDPs and refugees and will contribute to solving the economic crisis and alleviate suffering off the shoulders of our people;
and transition to democracy will never be achieved without peace as shown by the experiences of our people throughout previous transitional periods;
REITERATING the desire of two parties to avoid mishaps of past peace negotiations which failed to achieve the aspirations of our people in sustainable and equitable peace;
and in an endeavor to invest in the new political will made available by the December 2018 Revolution through which our people have expressed real will to have peace, freedom and justice to achieve urgent, equitable and comprehensive peace;
INSPIRED by the values of the Revolution in which all segments of the Sudanese people have contributed by different forms of resistance;
as a matter of fact, both parties of the Agreement are partners in achieving this change.
Their partnership will transform into productive partnership to achieve peace and build a new society for all Sudanese people;
COMMITTING to the importance of preparing the environment and building trust between the two Parties to the Agreement and pushing the peace process, the Government of the Sudan will immediately implement trust building procedures and dividends of peace stipulated in the Constitutional Document.
Thus in the meeting held during the period 9-11 September 2019 between the delegation of the Government of Sudan and the delegation of the Revolutionary Front (comprising JEM, SPLM-N, SLM/A, SLM/A-Transitional Council, Beja Opposition Congress, United Popular Front for Liberation and Justice, Kush Liberation Movement, United Democratic Party - Revolutionary Front and the Sudan Liberation Forces Alliance have agreed upon the following:
A- Immediate implementation of trust building measures stipulated in paragraph 67 (items e, f, h, i) in chapter 15 of the 2019 Constitutional Charter for the Transitional Period while instituting in place appropriate implementation mechanisms.
B- Formation of joint committees to implement the following tasks:
1- Acommitteetofollowuponreleasingallprisonersofwarandthoseconvicted(unless
convicted for a private right dispute)
2- Acommitteetofollowupproceduresforthecessationofhostilitiesandhumanitarian
issues while adopting monitoring mechanisms.
3- A committee to set up arrangements for peace negotiations and preparations thereof
and coordination of negotiation tracks through appropriate mechanisms.
C- The Government delegation has agreed to implement the following:
1- Annulment of lists of those barred from travel for reasons pertinent to war.
2- Review of decisions issued in relation to dam lands and decision No.
206 on lands
granted to investors in the Northern State.
3- Delaying formation of the Legislative Council pending achievement of a peace
agreement.
4- WithregardstoamendmentofArticle70oftheConstitutionalCharterandparticipation
at all levels of the transitional authority after concluding a peace agreement, the Government delegation has committed itself to respond to this issue in the next meeting.
D- It
1- The Revolutionary Front and the Sudan Liberation Forces Alliance.
2- SPLM-N led by Lieutenant General Abdelaziz Al-Hilu.
3- SLM led by Abdul Wahid Mohamed al-Nur.
4- AnyotherpartiesasagreedbytheGovernmentoftheSudanandtheabovemainparties.
The parties agree that there will be tracks to address peculiarities of war-affected areas in Darfur, the Two Areas, East, and North Sudan.
The parties agree that negotiations shall commence on 14 October 2019 and signature shall be on or before 14 December 2019.
The parties agree to form a committee to arrange for the peace talks.
The committee shall start its work immediately upon signature of this agreement to ensure that talks begin on 14 October 2019.
has been agreed that parties to negotiate with the Government of the Sudan are:
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This agreement includes procedures for trust-building and procedural issues for the commencement of the negotiations.
It will be presented by parties and the Government of South Sudan to the African Union Peace and Security Council to issue a new mandate for the Sudanese Peace Talks and other issues stipulated in this agreement.
The Parties will ask the African Union to seek endorsement of international institutions, including the UN Security Council.
The Parties agreed that regional parties, including the AU, IGAD, Chad and Arab countries, including Egypt, Saudi Arabia, UAE, Qatar, Kuwait and all Gulf countries and the international community, including USA, UK, Norway, EU, France, Germany, Canada, Russia, China and the UN must be engaged in all stages of peace making and peace building;
Parties
Lieutenant General Mohamed Hamdan Dagalo
Government of the Sudan
Sudan Revolutionary Front:
Dr. Elhadi Idriss Yahya, Chairman of the Revolutionary Front and Chairman of SLM-Transitional Council
Dr. Gibril Ibrahim, JEM
Lieutenant General Malik Agar, SPLM-N
Commander Mini Arko Minnawi, SLM
Osama Saeed, Beja Opposition Congress:
Alamin Daoud Mahmoud, United Popular Front for Liberation and Justice:
Mohamed Daoud Mohamed, Kush Liberation Movement:
Eltom Hajo Democratic United Party-Revolutionary Front:
Sudan Liberation Forces Alliance:
Altahir Abubaker Hajar,
Witnesses
General Salva Kiir Mayardit, President of the Republic of South Sudan Date:
11 September 2019
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(B)
FRAMEWORK AGREEMENT BETWEEN
THE TRANSITIONAL GOVERNMENT OF SUDAN AND
THE DARFUR TRACK
Preamble
We, the Government of the Republic of Sudan, the Darfur Track (the Sudanese Justice and Equality Movement, the Sudan Liberation Movement, the Sudan Liberation Movement - the Transitional Council, and the Sudan Liberation Forces Alliance);
Perceiving the long and continuous suffering of the citizens of Darfur and affirming the importance of reaching a comprehensive peace agreement that puts a rational end to the war in Sudan and achieves sustainable peace and security for the people of Sudan;
Recognizing that the failure to manage diversity and the deliberate marginalization in Sudan has ignited wars and conflicts throughout the country, which have led to grave violations of international humanitarian law and human rights.
Believing that the armed struggle revolutions and the glorious December revolution, which the Sudanese youth paid for with heavy sacrifices and dear blood, have created a historic opportunity to address the root causes of the Sudanese crisis;
Realizing that we are on the cusp of a new phase that provides a great opportunity to achieve freedom, peace, justice, democracy and a state of equal citizenship;
Affirming the commitment of the Parties to the Juba Declaration signed on 11 September 2019 and renewed on 14 December 2019, have agreed on the following:
GENERAL PRINCIPLES
1. Affirming that negotiations on the Darfur Track are between the Transitional Government of Sudan and the Darfur Track (the Sudanese Justice and Equality Movement, the Sudan Liberation Movement, the Sudan Liberation Movement -Transitional Council, and the Sudan Liberation Forces Alliance) for confidence-building measures and negotiation preparations.
2. Stopping the war in all parts of the country and achieving a just, comprehensive, and lasting peace as a top priority to achieve the comprehensive national revival project;
3. Addressing the roots of the crisis in Sudan in a way that redresses historical grievances, restores rights, and achieves justice, peace and stability in the country;
4. Ensuring the participation of displaced persons, refugees, civil society, and civil administrations in establishing peace and the social contract;
5. Permitting regional and international humanitarian organizations to return to Darfur to provide humanitarian assistance to displaced persons, refugees and those in need and repeal laws restricting their work.
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6. Addressing the effects of war and making reparations for those affected through fair and rewarding individual and collective compensation.
7. Restructuring the Sudanese state by reforming its institutions during the transitional period in a manner that reflects its independence and nationalism and ensuring a fair distribution of opportunities within them without prejudice to the criteria of eligibility and competence;
8. Acknowledging the principle of balanced and sustainable development and positive discrimination to address the effects of war and bridge the development gap between Sudan’s regions.
9. The division of power and wealth, vertically and horizontally, based on fair principles and standards in accordance with population density and resource allocation criteria, taking into account positive discrimination in war-affected areas;
10. Ensuring respect for human rights in accordance with international covenants, laws, and treaties;
11. Equality between the sexes in rights and duties and the lifting of historical grievances against Sudanese women, especially women in conflict areas, with positive discrimination and their inclusion in all stages of peace;
12. The Parties (the government and the armed struggle movements - Darfur Track) shall commit to promoting democracy, the rule of law, principles of good governance, protection of human rights, respect for ethnic, cultural, religious, and linguistic pluralism, and equality between women and men at all levels of administrative government;
13. Emphasizing that the building of the permanent constitution of Sudan shall take place through a transparent, inclusive, and participatory process from which no one is excluded, beginning with the Constitutional Conference that shall be held in partnership with all the people of Sudan from the administrative levels in rural councils to the localities and states and up to the federal level;
14. Promoting and protecting democracy;
and the signatory movements to this Agreement shall have the right to engage in political activities in accordance with what is stipulated in the peace agreement;
15. The administration of the National Capital shall reflect the people of Sudan and their diversity;
16. Adopting the principle of justice, accountability, and non-impunity, allowing the Sudanese judiciary to play its role, and handing over wanted persons to international justice;
17. Adhering to the principle of transparency and accountability, combating corruption in all its forms, enacting laws, and establishing the necessary mechanisms for that;
18. The release of all prisoners of war, detainees, and those sentenced due to the war in Darfur, the earnest pursuit to find out the fate of those missing, and the issuance of a general amnesty for all members of the armed struggle movements;
19. Agree on effective security arrangements that guarantee the implementation of the peace agreement and the rights of the forces of the signatory movements to the agreement to ensure the non-resurgence of a state of war;
20. Incorporate the peace agreement in the Constitutional Charter of the Republic of Sudan.
NEGOTIATION ISSUES
21. The Parties agree to discuss the following total national issues:
1) Identity;
2) Public freedoms and human rights;
3) The issue of exploiting religion in the state’s institutions;
4) Discussing constitution-building and the system of government;
5) Restructuring the civil services and regular institutions;
6) Independence of judiciary and judicial institutions;
7) The state guaranteeing the independence of universities and scientific research
centers and the freedom of thought and scientific research;
8) Wealth-sharing;
9) Participation in transitional authority.
22. The Parties agree to discuss the following Darfur-particular Issues:
1) The administrative status of Darfur in the transitional period and returning to the
historical borders of Darfur;
2) Participation in regional and state governance;
3) Just distribution of wealth on all levels of governance;
4) Land and hawakeer;
5) Displaced persons and refugees;
6) Nomads and herders;
7) Compensation and reparations;
8) Transitional justice, accountability, and reconciliation;
9) Development and reconstruction;
10) Security arrangements;
11) Darfur-Darfur dialogue;
12) Agreement on implementation mechanisms and matrices;
13) Issues of border security and development
14) Environment issues;
15) Any other issues to be agreed upon.
This agreement was agreed upon and signed in Juba, the capital of the Republic of South Sudan in this the twenty-eighth day of December 2019
Signatory Parties:
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The Transitional Government of the Republic of Sudan
Lieutenant General Shams ad-Din Kabbashi,
The Darfur Track
Sudan Liberation Movement Mohammed Bashir Abdullah
Sudanese Justice and Equality Movement Ahmed Mohamed Tugod Lisan
Sudanese Liberation Forces Alliance Mubarak Bakhit Ibrahim
Sudan Liberation Movement - Transitional Council Nimr Muhammad Abdulrahman
Mediation
Counselor Tut Qaluak Manime
Adviser to the President of the Republic for Security Affairs
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(D)
JOINT DECLARATION TO RENEW THE CESSATION OF HOSTILITIES BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF SUDAN
AND
THE SUDAN REVOLUTIONARY FRONT
Between the Government of the Republic of Sudan and the Sudanese Justice and Equality Movement, the Sudan People’s Liberation Movement – North, Sudan Liberation Forces Alliance, Sudan Liberation Movement – Transitional Council, Sudan Liberation Movement.
Acknowledging that achieving comprehensive and sustainable peace is acritical issue and fundamental requirement and one of the priorities of the transitional period.
Affirming the importance of achieving peace and democratic transition in Sudan through a comprehensive and true political process as stipulated in the Juba Declaration signed on 11 September 2019.
Reiterating our commitment to the necessity of ending armed conflict in Sudan through real negotiations and peaceful means to find permanent and final solutions that can contribute to the security, stability, peace, democracy, and prosperity of Sudan.
Reiterating our desire to reinforce peace in all of Sudan through renewing the cessation of hostilities that impede the peace process.
Recognizing that a comprehensive and just peaceful solution in Sudan is an ultimate priority that cannot be achieved without a just peace that ends wars and addresses the roots and consequences of the crisis while speaking to the particularities of the areas most affected by wars and marginalized groups.
Affirming that the complete release of prisoners of war is fundamental to trust-building measures.
Recognizing that the cessation of hostilities will lead to improving the humanitarian situation and will contribute to reinforcing trust and affirming the commitment of the Parties to the peace process leading to the commencement of peace negotiations and final security arrangements as part of the process of political transition in Sudan.
We, the Government of the Republic of Sudan, the Sudan Liberation Movement, the Sudan People’s Liberation Movement – North, Sudan Liberation Forces Alliance, Sudanese Justice and Equality Movement, and Sudan Liberation Movement – Transitional Council declare the immediate cessation of hostilities.
The Parties will negotiate at a later time on the mechanisms for monitoring, control, facilitation of internal and external humanitarian access with agreement from the Darfur and Two Areas Parties in each of the Area controlled by the respective parties, taking into consideration the particularities of each track.
The renewal of the cessation of hostilities enters into force at 11:59PM on October 20, 2019 and shall continue for 3 months and will cover all areas of Sudan.
Signatory Parties:
Government of Sudan
SLM – Transitional Council
Sudan Liberation Forces Alliance
SPLM-N
SLM
JEM
Witness
Tut Qaluak Manime
Advisor to the President of the Republic of South Sudan on Security Affairs – Chief Mediator
21 October 2019 Juba, South Sudan
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Preamble
(E)
POLITICAL DECLARATION
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF SUDAN AND
THE SUDAN REVOLUTIONARY FRONT
Responding to the slogans of the extended Sudanese Revolution culminating in the December Revolution representing peace, freedom, and justice;
and responding to the desire of the Sudanese peoples and the forces of revolution and change for just and comprehensive peace,
The Parties sign the political declaration as entry point to address the roots of the wars related to issues of citizenship, development, democracy, long-standing marginalization affecting large sectors of men and women of our Peoples as a result of wrong policies,
Determined to institute a new approach to negotiations based on partnership, finding the root solutions for the issues of our Peoples and working in the spirit of one team to overcome challenges and difficulties that face the peace process.
Peace is the only true and correct threshold address the roots of the crisis.
General Principles
1. Emphasizing comprehensive and sustainable peace that speaks to the root causes of the historical Sudanese crisis, issues of citizenship, justice, reconciliation, development, democracy, lifting marginalization, lifting suffering, reparations, and voluntary return of displaced persons and refugees to their areas of origin as an ultimate priority and addresses the issues of land and Hawakeer.
2. The Parties affirm the need to swiftly reach a comprehensive peace that reinforces the will of the Sudanese Peoples to reach stability, development, democracy, and open a new page to build Sudan on correct foundations.
3. The Parties reiterate what has been stipulated in the Juba Declaration for Trust-Building and Pre-Negotiation Principles and the need to implement the requirements and measures therein, including establishing joint committees and inclusion of the regional and international community.
4. The Parties acknowledge that completing the requirements of the Sudanese Revolution and the change affected by the Sudanese Peoples in December 2018 necessitates the cessation of conflict and war and achieving peace, justice, and democratic transition.
Requirements for the Completion of the Juba Declaration
5. The Parties recognize the issuance of the joint declaration to renew the cessation of hostilities, and agree to address the humanitarian issues to pave the way for a final peace agreement that achieves comprehensive and sustainable peace in Sudan..
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6. With regards to implementation of the requirements of the Juba declaration, the Parties agree to the following:
a. The Revolutionary Front shall finalize nominating the committee comprised of (9) members to follow-up the specific procedures for the release of the prisoners of war and those convicted.
b. The Parties shall finalize the formation of the committee on facilitating access to humanitarian assistance, headquartered in Khartoum.
c. The Parties shall name the members of the permanent committee to coordinate negotiations.
d. The Government Party shall complete reviewing decision issued regarding dam lands (Decree no.
206) and Norther state lands given to investors.
7. The meetings addressed issues related to the negotiation process and the following has been agreed on:
a. The Parties shall, along with the Government of the Republic of South Sudan, seek to obtain a mandate for the peace process from the African Union and the UN Security Council
b. Mobilize support from regional and international partners for the peace process and implementation.
c. The Parties agree that the negotiation agenda shall be as follows:
(1) National issues including (citizenship, development, resource distribution and allocation, governance and administration, security arrangements and
other fundamental issues).
(2) Negotiation tracks which shall include Darfur, Two Areas (South
Kordofan/Nuba Mountains and Blue Nile), East Sudan, Central Sudan,
and North Sudan.
(3) Issues of specific particularities.
(4) Negotiation methodology and approach.
Finally, the Parties extend their thanks and gratitude to His Excellency President Salva Kiir Mayardit and the government and Peoples of the Republic of South Sudan on their efforts to make negotiations a success.
Government of Sudan
Lt. Gen. Mohamed Hamdan Dagalo
Sudan Revolutionart Front
Dr. Elhadi Idriss Yahya
Malik Agar, SPLM-N
Abu Obaida Khalifa Al Taishi, SLM Ethar Khalil Ibrahim, JEM
Saleh Hamed Ismael, SLFA
Signatory Parties:
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Alamin Daoud Mahmoud, UPFLJ
Eltom Shaikh Hajo, DUP-SRF
Mohamed Daoud Mohamed Daoud, Kush Liberation Movement Musa Seedy Mohamed Ali, Beja Opposition Congress
Nimr Abdelrahman, SLM-TC
Witness
Tut Qaluak Manime
Presidential Advisor on Security Affairs – Chief Mediator
21 October 2019 Juba, South Sudan
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(F)
AGREEMENT TO EXTEND NEGOTIATIONS BETWEEN
THE TRANSITIONAL GOVERNMENT OF SUDAN AND
THE SUDAN REVOLUTIONARY FRONT
The Transitional Government of Sudan and the Sudan Revolutionary Front, hereinafter the Parties,
In accordance with the Juba Declaration on Trust-Building Measures and Pre-Negotiation Principles signed on 11 September 2019, the Parties agree to extend the period of negotiations for three weeks from 16 February 2020 to 7 March 2020, extendable by agreement by the Parties, provided that the issue of appointing state governors and the formation of the legislative council is addressed during the first week of the aforementioned period, without prejudice to the negotiation process in the different tracks.
This Agreement has been signed in Juba, South Sudan on this day the fifteenth of February 2020.
Mr. Mohamed Hassan Othman Altaishi Government of Sudan
Dr. Gibril Ibrahim
Sudan Revolutionary Front
Dr. Dhieu Mathok Diing
Minister of Electricity and Dams Member of the Mediation Committee
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(G)
AGREEMENT TO EXTEND NEGOTIATIONS BETWEEN
THE TRANSITIONAL GOVERNMENT OF SUDAN AND
THE SUDAN REVOLUTIONARY FRONT
The Transitional Government of Sudan and the Sudan Revolutionary Front, hereinafter the Parties,
In accordance with the Juba Declaration on Trust-Building Measures and Pre-Negotiation Principles signed on 11 September 2019,
The Parties agree to extend the period of negotiations from 8 March 2020 to 9 April 2020 in accordance with the attached schedule.
This Agreement has been signed in Juba, South Sudan on this day the ninth of March 2020.
Transitional Government of Sudan Lt.
Gen. Shams ad-Din Kabbashi Member of the Sovereignty Council
Sudan Revolutionary Front
Dr. Elhadi Idriss Yahya, SRF Chairman SLM – TC
Mohamed Bashir SLM/A
Dr. Gibril Ibrahim Mohamed JEM
Adam Karshoum Noor ad-Din Zayed SPLM-N
Khalid Adam Noor ad-Din Beja Opposition Congress
Abdulwahab Abdullah Jamil UPFLJ
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Dahab Ibrahim Dahab Kush Kiberation Movement
Eltom Hajo DUP- SRF
Abdullah Yahya Ahmed SLFA
Mediation
Tut Qaluak Manime
Presidential Advisor on Security Affairs Chief Mediator
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Timetable for Extended Negotiation Period:
March 8 – April 9, 2020 Dates Event Duration Implementing Party Notes
March 10 – March 13
Governance/Power:
Darfur Track
Two Areas Track
4 Days
Two Technical Committees:
1- GoS and Darfur
2- GoS and Two Areas
Parallel committees.
Compensation:
Darfur Track
4 Days
Technical Committee – Darfur and GoS
March 14 – March 17
Wealth:
Darfur Track/ Two Areas Track
4 Days
Two Technical Committees:
1- GoS and Darfur
2- Gos and Two Areas
March 18 – March 27
Security Arrangements:
Darfur Track/ Two Areas Track
10 Days
Joint Technical Committee – GoS and Two Areas and Darfur
March 28 – March 31
National Issues:
GoS and SRF
4 Days
Separate Technical Committee:
GoS and SRF
April 1 – April 5
Implementation Matrix
5 Days
Joint Technical Committee:
GoS and SRF
April 6 – April 9
Printing, Review, and Translation
4 Days
Joint Technical Committee:
GoS and SRF
Can begin translation of agreed upon papers now.
* Parties have agreed that all relevant papers must be delivered 48 hours before the start of the corresponding negotiation session.
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The Transitional Government of Sudan
General Mohammed Hamdan Dagalo
First Vice President of the Transitional Sovereign Council
/s/
The Parties to the Peace Process
The Sudanese Alliance Khamis Abdallah Abkar /s/
Gathering of Sudan Liberation Forces Altahir Abubaker Hajer
/s/
Sudan Liberation Movement/Army Minni Arko Minawi
/s/
Sudan Liberation Movement/Army – Transitional Council
Dr. Elhadi Idris Yahya /s/
Sudanese Justice and Equality Movement
Dr. Gibril Ibrahim Mohammed /s/
Sudan People’s Liberation Movement-North / Revolutionary
Malik Agar Ayr /s/
SIGNATORIES
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United Popular Front for Liberation and Justice
Khalid Idris Jaweish /s/
Opposition Beja Conference Osama Said
/s/
Sudanese Kush Liberation Movement Mohammed Daoud Bandaq
/s/
Kayan Al-Shamal (The Northern Entity)
Mohammed Said Ahmed Sir-alkhatim /s/
Opposition Democratic Union Party / Revolutionary Front
Eltom Elsheikh Mousa Hajo /s/
Other Parties:
1. The Third Front /Tamazuj Mohammed Ali Quraishi /s/
2. Sudan Liberation Movement/Army – Ahmed Ibrahim Kazisky
Mr. Ali Ahmed Hamid Advisor to the Chairman /s/
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JUBA AGREEMENT FOR PEACE IN SUDAN – OFFICIAL ENGLISH VERSION
10/20/2020 5:24:00 AM
WITNESSES
General Abdulfatah Burhan Abdulrahman President of the Transitional Sovereign Council /s/
The Arab Republic of Egypt /s/
The State of Qatar /s/
The African Union /s/
The United Nations /s/
The European Union /s/
Representative of the Arab League Ambassador Khalid Abdulrahim Abdalghafar /s/
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JUBA AGREEMENT FOR PEACE IN SUDAN – OFFICIAL ENGLISH VERSION
10/20/2020 5:24:00 AM
GUARANTORS
General
Salva Kiir Mayardit
President of the Republic of South Sudan /s/
Marshal Idriss Déby Itno President of the Republic of Chad /s/
United Arab Emirates /s/
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