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

  • 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 - ) )
  • 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.


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