Framework agreement between the Transitional Government of Sudan and the Darfur Track

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Country/entity: Sudan
Region: Africa (excl MENA)
Agreement name: Framework agreement between the Transitional Government of Sudan and the Darfur Track
Date: 28 Dec 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: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Sudan Transition Process
Parties: Agreement signed by parties:

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
Third parties: Mediation

Counselor Tut Qaluak Manime
Adviser to the President of the Republic for Security Affairs
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, the Juba agreement. This short framework agreement reaffirms the political arrangements between the transitional government of Sudan and the parties of the Darfur track, substantively providing for the constitutional process and early provisional power-sharing ideas. The agreement broadly reaffirms the necessary conditions for peace already agreed in previous agreements, promoting development, humanitarian access, continued ceasefire arrangements and more broadly, notions of good governance from all levels of government. 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_191228_Framework agreement between the Transitional Government of Sudan and the Darfur Track- 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, General Principles

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.
Social class: No specific mention.

Gender

Women, girls and gender: Page 2, General Principles

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;
Men and boys: Gender→Men and boys→Gender neutral wording
Page 2, General Principles

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;
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: Page 2, General Principles

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;
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, General Principles

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;

(see also entry in Political Power-sharing)
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1, General Principles

4. Ensuring the participation of displaced persons, refugees, civil society, and civil administrations in establishing peace and the social contract;

Page 2, General Principles

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;

Page 2, General Principles

15. The administration of the National Capital shall reflect the people of Sudan and their diversity;
Traditional/religious leaders: No specific mention.
Public administration: Page 1, General Principles

4. Ensuring the participation of displaced persons, refugees, civil society, and civil administrations in establishing peace and the social contract;
Constitution: Governance→Constitution→Constitutional reform/making
Page 2, General Principles

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;

Page 3, General Principles

20. Incorporate the peace agreement in the Constitutional Charter of the Republic of Sudan.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Page 2, General Principles

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;
Territorial power sharing: No specific mention.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 2, General Principles

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;
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, Preamble

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.

Page 1, General Principles

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;

Page 2, General Principles

10. Ensuring respect for human rights in accordance with international covenants, laws, and treaties;

Page 2, General Principles

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;

Page 2, General Principles

17. Adhering to the principle of transparency and accountability, combating corruption in all its forms, enacting laws, and establishing the necessary mechanisms for that;

Page 3, General Principles

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;
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Equality
Page 2, General Principles
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;
Human rights and equality→Civil and political rights→Other
Page 2, General Principles

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;
Socio-economic rights: Human rights and equality→Socio-economic rights→Cultural life
Page 2, General Principles

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;

Rights related issues

Citizenship: Rights related issues→Citizenship→Citizen, general
Page 1, Preamble

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;
Democracy: Page 1, Preamble

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;

Page 2, General Principles

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;

Page 2, General Principles

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;
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

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

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: Page 2, General Principles

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;
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 2, General Principles

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
Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 1, General Principles

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.
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: Page 3, General Principles

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;
Ceasefire: Security sector→Ceasefire→General commitments
Page 1, General Principles

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;
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: Page 2, General Principles

17. Adhering to the principle of transparency and accountability, combating corruption in all its forms, enacting laws, and establishing the necessary mechanisms for that;
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: Page 1, General Principles

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;
Amnesty/pardon: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 3, General Principles

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;
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 3, General Principles

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;
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: Page 3, General Principles

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;
Reparations: Transitional justice→Reparations→Material reparations
Page 2, General Principles

6. Addressing the effects of war and making reparations for those affected through fair and rewarding individual and collective compensation.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: No specific mention.

(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.

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:

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