Juba Declaration for Trust-building Measures and Pre-negotiation Principles

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Country/entity: Sudan
Region: Africa (excl MENA)
Agreement name: Juba Declaration for Trust-building Measures and Pre-negotiation Principles
Date: 11 Sep 2019
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Sudan Conflicts (1955 - )
Agreements relate to several distinct dyads, and also the negotiated independence of South Sudan, and subsequent internal conflict in South Sudan. Sudan-South Sudan. The long-standing conflict between the north and the south of the country dates back to colonial times, where the British introduced a so-called ‘Southern Policy’, severely hampering population movements between these big regions. Immediately after gaining independence in 1956, southern movements started to fight for independence; this fight became professionalised in 1983 with the foundation of the soon internationally supported Sudan People’s Liberation Army (SPLA). When the Islamic Front government introduced strict sharia laws in the south after it took over power in 1988 the war intensified. A decade later, the military situation reached a stalemate, enabling internationally facilitated peace negotiations to begin in 1997. After more fighting, a final negotiation push began in 2002, leading to the signing of the Comprehensive Peace Areement (CPA) in January 2005.

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

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

South Sudan - internal
In December 2013, after president Salva Kiir accused opposition leader Riek Machar of attempting a coup, violent conflict broke out between government forces of the SPLM/A and anti-governmental groups. In addition, several other political militias as well as communal militias have joined the conflict. In 2015 the Agreement on the Resolution of the Conflict in South Sudan (ARCSS) was signed. Due to unsuccessful implementation the agreement was revitalized in 2018. In September 2019, Kiir and Machar agreed to establish a power-sharing government after struggles on forming a unity transitional government.
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Sudan Transition Process
Parties: The Government of Sudan and The Sudan Revolutionary Front and the Sudan Liberation Forces Alliance:

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,
Third parties: Witnesses

General Salva Kiir Mayardit, President of the Republic of South Sudan

As well as signing as a witness, it seems the General can also be viewed as providing a facilitatory type role:

Page 1, Preamble

RESPONDING to the gracious invitation by General Salva Kiir Mayardit, President of the Republic of South Sudan, to the two parties of the Agreement
Description: This is a short agreement which is part of a series of short agreements which take place in the approach to the 2020 Sudan peace agreement, Juba agreement. This agreement sets out provisions including trust building measures between parties, arrangements for the formation of the Legislative Council and committees to follow up on agreements regarding earlier ceasefires and release of prisoners. These agreements in essence establish a relationship between the new transitional government of Sudan and other peripheral armed groups who seek to ensure that their own causes within their process do not get lost within the implementation phase of new government.

Agreement document: SD_190911_Juba Declaration for Trust-Building Measures and Pre-Negotiation Principles - Official ENGLISH (3).PDF (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 1, Preamble

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;
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 2, Juba Declaration for Trust-Building Measures and Pre-Negotiation Principles

C- The Government delegation has agreed to implement the following:
... 3- Delaying formation of the Legislative Council pending achievement of a peace agreement
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitution affirmation/renewal
Page 1, JUBA DECLARATION FOR TRUST-BUILDING MEASURES AND PRE-NEGOTIATION PRINCIPLES, Preamble

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.

Page 2, JUBA DECLARATION FOR TRUST-BUILDING MEASURES AND PRE-NEGOTIATION PRINCIPLES

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.
Governance→Constitution→Constitutional reform/making
Page 2, Juba Declaration for Trust-Building Measures and Pre-Negotiation Principles

C- The Government delegation has agreed to implement the following:
... 4- With regards to amendment of Article 70 of the Constitutional Charter and participation 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.

Power sharing

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

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 1, Preamble

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;
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 2, Juba Declaration for Trust-Building Measures and Pre-Negotiation Principle

C- The Government delegation has agreed to implement the following:
1- Annulment of lists of those barred from travel for reasons pertinent to war
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→Socio-economic development
Page 1, Preamble

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;
Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 2, Juba Declaration for Trust-Building Measures and Pre-Negotiation Principles

B- Formation of joint committees to implement the following tasks:
... 2- A committee to follow up procedures for the cessation of hostilities and humanitarian issues while adopting monitoring mechanisms.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: Page 2, 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.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Land reform and management
Page 2, 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.
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→Ceasefire provision
Page 2,

B- Formation of joint committees to implement the following tasks:

... 2- A committee to follow up procedures for the cessation of hostilities and humanitarian issues while adopting monitoring mechanisms
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 2, Juba Declaration for Trust-Building Measures and Pre-Negotiation Principles

B- Formation of joint committees to implement the following tasks:
1- A committee to follow up on releasing all prisoners of war and those convicted (unless convicted for a private right dispute)
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, Juba Declaration for Trust-Building Measures and Pre-Negotiation Principles

B- Formation of joint committees to implement the following tasks:
2- A committee to follow up procedures for the cessation of hostilities and humanitarian 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.
Related cases: No specific mention.
Source: No specific mention.

(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 JUBA AGREEMENT FOR PEACE IN SUDAN – OFFICAL ENGLISH VERSION Page 224 of 242 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- A committee to follow up on releasing all prisoners of war and those convicted (unless convicted for a private right dispute) 2- A committee to follow up procedures for the cessation of hostilities and humanitarian 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- With regards to amendment of Article 70 of the Constitutional Charter and participation 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 has been agreed that parties to negotiate with the Government of the Sudan are:

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- Any other parties as agreed by the Government of the Sudan and the above main parties.

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.

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