Agreement between the Governments of Sudan and Uganda (The Nairobi Agreement)

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Country/entity: Sudan
Uganda
Region: Africa (excl MENA)
Agreement name: Agreement between the Governments of Sudan and Uganda (The Nairobi Agreement)
Date: 8 Dec 1999
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Sudan Conflicts (1955 - )
Agreements relate to several distinct dyads, and also the negotiated independence of South Sudan, and subsequent internal conflict in South Sudan. Sudan-South Sudan. The long-standing conflict between the north and the south of the country dates back to colonial times, where the British introduced a so-called ‘Southern Policy’, severely hampering population movements between these big regions. Immediately after gaining independence in 1956, southern movements started to fight for independence; this fight became professionalised in 1983 with the foundation of the soon internationally supported Sudan People’s Liberation Army (SPLA). When the Islamic Front government introduced strict sharia laws in the south after it took over power in 1988 the war intensified. A decade later, the military situation reached a stalemate, enabling internationally facilitated peace negotiations to begin in 1997. After more fighting, a final negotiation push began in 2002, leading to the signing of the Comprehensive Peace Areement (CPA) in January 2005.

Sudan-South Sudan post referendum. South Sudan became independent in July 2011; since then, relations between the two countries are complicated and violent conflict led by the SPLM (North) in the Sudanese Nuba mountains region has since intensified.

Darfur. Other long-standing violent conflicts are in the east and the west of the country. In the east, the Beja Congress, established in 1957, is the spearhead of a currently ‘peaceful’ opposition movement. In the west, the violent conflict in Darfur intensified in the early 2000s and rapidly gained international attention, even resulting in genocide charges against leading figures of the Sudanese government. The situation on the ground is complex, with over a dozen organisations (most notably the Sudanese Liberation Movement and the Justice and Equality Movement) fighting the Sudanese government and allied groups like the Janjaweed – although all parties have switched sides on numerous occasions. Several mediation attempts have not been successful, due to the shaky commitment of the Sudanese central government and the distrust among the armed opposition.

South Sudan - internal
In December 2013, after president Salva Kiir accused opposition leader Riek Machar of attempting a coup, violent conflict broke out between government forces of the SPLM/A and anti-governmental groups. In addition, several other political militias as well as communal militias have joined the conflict. In 2015 the Agreement on the Resolution of the Conflict in South Sudan (ARCSS) was signed. Due to unsuccessful implementation the agreement was revitalized in 2018. In September 2019, Kiir and Machar agreed to establish a power-sharing government after struggles on forming a unity transitional government.
Ugandan Conflicts (1970 - )
Uganda has long experienced tensions along ethnic, religious and national lines. On independence in 1962, Ugandan politics were defined by smaller monarchies, among which the Southern Kingdom of Buganda dominated the national sphere. Resistance to this system was the campaign platform of the Uganda People’s Congress (UPC) led by Milton Obote, who won the 1962 elections. Tension between the Buganda’s ruler King Mutesa II and Obote with his then-ally Idi Amin, led to Obote changing the constitution, abolishing the monarchic system and thus, centralizing power. However, a split between Obote and Amin eventually led to a military coup d’état in 1970, which brought Amin the presidency where he instituted his genocidal regime.

Despite economic collapse, President Amin was only removed from power following a failed attempt at invading Tanzania in 1979, whereby the Tanzanian counter-attack alongside forces loyal to former-President Obote toppled Amin. Authoritarianism continued under the new regime, after Obote won the 1980 elections under dubious circumstances, and in 1985, Obote was once again deposed in a coup. Out of the fray, Yoweri Museveni and the National Resistance Army (NRA) captured the presidency in 1986 and began instituting economic and democratic reforms.

Resistance to Museveni, however, continued with various insurgencies across the country including by former-supporters of President Obote or President Amin. Other insurgencies based on chiliastic beliefs based on the return of Jesus Christ, most notably the Holy Spirit Movement, fought in the late 1980s before splintering into several smaller factions. One such faction later became the Lord’s Resistance Army (LRA) led by Joseph Kony. Many of the 22 or more insurgency groups estimated to contain more than 40,000 insurgents, operate from across the Ugandan border and are based in either South Sudan or the Democratic Republic of Congo.
Stage: Framework/substantive - partial
Conflict nature: Territory
Peace process: Sudanese (North-South) peace process
Parties: Yoweri Museveni, President of the Republic of Uganda; Omar al-Bashir, President of the Republic of Sudan
Third parties: WITNESSED BY: Jimmy Carter, Former U.S. President and Chair of the Carter Center; Daniel Moi, President of Kenya; FOR SUDAN: Ali Abdulrahman al-Numeiri, State Minister of For. Affairs; Amb. Mahdi Ibrahim; Hassan Abalwahab; Amb. Omer Yousif Bireedo; Yahia Hussein Babiker; Abdel Karim Abdallah; Brig. Gen. Yassin Arabi Mohammed; Mutrif Siddiq Ali; FOR UGANDA: Ruhakana Rugunda, Min. in charge of Presidency; James Wapakhablo; Amama Mbabazi; Amama Mbabazi; Chango Machyo; Busho Ndinyenka; Amb. Khalid Younis Kinene; Ms. Zam Zam Naguija
Description: Agreement seeking to normalise relations between the Republic of Sudan and the Republic of Uganda. Calls for respect of sovereignty and territorial integrity, in accordance with the Charters of the UN and the Organisation of African Unity. The parties agree to renounce the use of force to resolve differences, and will take setps to prevent any hostile actions against each other.

Agreement document: UG_SD_991208_Agmt between Sudan and Ugand (Nairobi Agmt).pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
...
8. We especially condemn any abuse or injury of innocent citizens, and will make a special effort to locate any abductees, especially children, who have been abducted in the past and return them to their families. All information about such cases will be shared with The Carter Center, UNICEF, and other international organizations and we will cooperate fully in the search and rescue of these victims, beginning immediately with those who can be identified.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 2, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
9. We will honor international laws governing refugees, NGO activities, and cross-border transportation, and facilitate the return or resettlement of refugees in accordance with UNHCR regulations.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
8. We especially condemn any abuse or injury of innocent citizens, and will make a special effort to locate any abductees, especially children, who have been abducted in the past and return them to their families. All information about such cases will be shared with The Carter Center, UNICEF, and other international organizations and we will cooperate fully in the search and rescue of these victims, beginning immediately with those who can be identified.

State definition

Nature of state (general): Each will respect the sovereignty and territorial integrity of the other.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
1. Each of us will respect the sovereignty and territorial integrity of each other, in accordance with the charters of the United Nations and the Organization for African Unity.

Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
2. We renounce the use of force to resolve differences, and will take steps to prevent any hostile acts against each other.

Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
3. We will make every effort to disband and disarm terrorist groups and to prevent any acts of terrorism or hostile actions that might originate in our territory that might endanger the security of the other nation.

Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
4. We agree not to harbor, sponsor, or give military or logistical support to any rebel groups, opposition groups, or hostile elements from each others' territories.

Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
5. We will join in a common effort to promote regional peace, both on our own initiative and in full support and in no way to prejudice or interfere with IGAD's role in bringing an end to the civil war in Sudan.

Page 2, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
9. We will honor international laws governing refugees, NGO activities, and cross-border transportation, and facilitate the return or resettlement of refugees in accordance with UNHCR regulations.

Page 2, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
10. parties commit to offer amnesty and reintegration assistance to all former combatants who renounce the use of force

Page 2, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
11. If all other terms of this agreement are honored satisfactorily, we desire to reestablish normal relations between our two countries. Within a month of this date, we will open offices in both capital cities and assign junior diplomatic personnel for service. By the end of February 2000, ambassadors will be exchanged and full diplomatic
relations restored.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
8. We especially condemn any abuse or injury of innocent citizens, and will make a special effort to locate any abductees, especially children, who have been abducted in the past and return them to their families. All information about such cases will be shared with The Carter Center, UNICEF, and other international organizations and we will cooperate fully in the search and rescue of these victims, beginning immediately with those who can be identified.

Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
9. We will honor international laws governing refugees, NGO activities, and cross-border transportation, and facilitate the return or resettlement of refugees in accordance with UNHCR regulations.

Page 2, In order to implement this agreement, designated members of our contact groups will act as an interim committee. As soon as practical, a joint ministerial committee will be established with at least three sub committees, to deal with political, security, and humanitarian issues. We understand that, when requested, the Carter Center will publicize this agreement and continue to play a role in its implementation.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
8. We especially condemn any abuse or injury of innocent citizens, and will make a special effort to locate any abductees, especially children, who have been abducted in the past and return them to their families. All information about such cases will be shared with The Carter Center, UNICEF, and other international organizations and we will cooperate fully in the search and rescue of these victims, beginning immediately with those who can be identified.
Bill of rights/similar: No specific mention.
Treaty incorporation: Page 2, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
9. We will honor international laws governing refugees, NGO activities, and cross-border transportation, and facilitate the return or resettlement of refugees in accordance with UNHCR regulations.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
6. We will refrain from hostile and negative propaganda campaigns against each other.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 2, In order to implement this agreement, designated members of our contact groups will act as an interim committee. As soon as practical, a joint ministerial committee will be established with at least three sub committees, to deal with political, security, and humanitarian issues. We understand that, when requested, the Carter Center will publicize this agreement and continue to play a role in its implementation.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→General commitments
Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
2. We renounce the use of force to resolve differences, and will take steps to prevent any hostile acts against each other.

Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
3. We will make every effort to disband and disarm terrorist groups and to prevent any acts of terrorism or hostile actions that might originate in our territory that might endanger the security of the other nation.

Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
5. We will join in a common effort to promote regional peace, both on our own initiative and in full support and in no way to prejudice or interfere with IGAD's role in bringing an end to the civil war in Sudan.

Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
6. We will refrain from hostile and negative propaganda campaigns against each other.

Page 2, In order to implement this agreement, designated members of our contact groups will act as an interim committee. As soon as practical, a joint ministerial committee will be established with at least three sub committees, to deal with political, security, and humanitarian issues. We understand that, when requested, the Carter Center will publicize this agreement and continue to play a role in its implementation.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
3. We will make every effort to disband and disarm terrorist groups and to prevent any acts of terrorism or hostile actions that might originate in our territory that might endanger the security of the other nation.

Page 2, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
10. parties commit to offer amnesty and reintegration assistance to all former combatants who renounce the use of force
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
4. We agree not to harbor, sponsor, or give military or logistical support to any rebel groups, opposition groups, or hostile elements from each others' territories.

Page 2, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
10. parties commit to offer amnesty and reintegration assistance to all former combatants who renounce the use of force.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
1. Each of us will respect the sovereignty and territorial integrity of each other, in accordance with the charters of the United Nations and the Organization for African Unity.

Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
2. We renounce the use of force to resolve differences, and will take steps to prevent any hostile acts against each other.

Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
3. We will make every effort to disband and disarm terrorist groups and to prevent any acts of terrorism or hostile actions that might originate in our territory that might endanger the security of the other nation.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 2, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
10. parties commit to offer amnesty and reintegration assistance to all former combatants who renounce the use of force
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
7. We will return all prisoners of war to their respective nations.
Vetting: No specific mention.
Victims: Page 1, In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:
8. We especially condemn any abuse or injury of innocent citizens, and will make a special effort to locate any abductees, especially children, who have been abducted in the past and return them to their families. All information about such cases will be shared with The Carter Center, UNICEF, and other international organizations and we will cooperate fully in the search and rescue of these victims, beginning immediately with those who can be identified.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, In order to implement this agreement, designated members of our contact groups will act as an interim committee. As soon as practical, a joint ministerial committee will be established with at least three sub committees, to deal with political, security, and humanitarian issues. We understand that, when requested, the Carter Center will publicize this agreement and continue to play a role in its implementation.
Related cases: No specific mention.
Source: Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.

Agreement between the Governments of Sudan and Uganda, 8 December, 1999

“The Nairobi Agreement”

In order to enhance relations between our two countries and to promote peace in the regions, we make the following commitments:

1. Each of us will respect the sovereignty and territorial integrity of each other, in accordance with the charters of the United Nations and

the Organization for African Unity.

2. We renounce the use of force to resolve differences, and will take steps to prevent any hostile acts against each other.

3. We will make every effort to disband and disarm terrorist groups and to prevent any acts of terrorism or hostile actions that might originate in our territory that might endanger the security of the other nation.

4. We agree not to harbor, sponsor, or give military or Iogistical support to any rebel groups, opposition groups, or hostile elements

from each others' territories.

5. We will join in a common effort to promote regional peace, both on our own initiative and in full support and in no way to prejudice or

interfere with IGAD's role in bringing an end to the civil war in Sudan.

6. We will refrain from hostile and negative propaganda campaigns against each other.

7. We will return all prisoners of war to their respective nations.

8. We especially condemn any abuse or injury of innocent citizens, and will make a special effort to locate any abductees, especially children,

who have been abducted in the past and return them to their families.

All information about such cases will be shared with The Carter Center, UNICEF, and other international organizations and we will cooperate

fully in the search and rescue of these victims, beginning immediately with those who can be identified.

9. We will honor international laws governing refugees, NGO activities, and cross-border transportation, and facilitate the return or resettlement of refugees in accordance with UNHCR regulations.

10. We will offer amnesty and reintegration assistance to all former combatants who renounce the use of force.

11. If all other terms of this agreement are honored satisfactorily, we desire to reestablish normal relations between our two countries.

Within a month of this date, we will open offices in both capital cities and assign junior diplomatic personnel for service.

By the end of February 2000, ambassadors will be exchanged and full diplomatic relations restored.

In order to implement this agreement, designated members of our contact groups will act as an interim committee.

As soon as practical, a

joint ministerial committee will be established with at least three sub committees, to deal with political, security, and humanitarian issues.

We understand that, when requested, the Carter Center will publicize this agreement and continue to play a role in its implementation.

President Republic of Uganda [Yoweri Museveni]

President Republic of Sudan [Omar al-Bashir]

Witnessed by:

Former U.S, President, Chair, The Carter Center [Jimmy Carter]

President, Republic of Kenya [Daniel Moi]

Sudan:

Ali Abdulrahman al-Numeiri, State Minister of For.

Affairs

Amb. Mahdi Ibrahim

Hassan Abalwahab

Amb. Omer Yousif Bireedo

Yahia Hussein Babiker

Abdel Karim Abdallah

Brig.

Gen. Yassin Arabi Mohammed

Mutrif Siddiq Ali

Uganda:

Ruhakana Rugunda, Min.

in charge of Presidency

James Wapakhablo

Amama Mbabazi

Ali Kirunda Kivejinja

Chango Machyo

Busho Ndinyenka

Amb. Khalid Younis Kinene

Ms. Zam Zam Naguija