Non-aggression document by the components of the Misterei region (West Darfur Misterei Agreement)

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Country/entity: Sudan
Darfur
Region: Africa (excl MENA)
Agreement name: Non-aggression document by the components of the Misterei region (West Darfur Misterei Agreement)
Date: 15 Dec 2021
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local 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: Inter-group
Peace process: Sudan Local Processes
Parties: The list of signatories:

Sultan Saad Abd al-Rahman Bahr al-Din

Colonel Musa Hamid

Representatives of four armed movements; JEM (Justice and Equality Movement), GSLF (Gathering of the Sudan Liberation Forces), Sudanese Alliance and Sudan Liberation Army / Minni Minawi (SLA/MM).

Mustafa al-Jamil

Badr Ishaq Ushar

Tijani al-Tahir Karshum

Muhammad Adam Yahya
Third parties: Witnessed by the Sultan Bahr al-Din, Colonel Musa Hamid Duday, the representatives of JEM (Justice and Equality Movement), GSLF (Gathering of the Sudan Liberation Forces), Sudanese Alliance and Sudan Liberation Army / Minni Minawi (SLA/MM)
Description: A short inter-communal local agreement between communities of Masturei and armed groups to cease forms of attack and open roads and market spaces. The agreement is an iterative dialogue involving draft agreement among armed forces representatives and representatives of JEM, GSLF, the Sudanese Alliance an the SLA/MM followed by a signed agreement involving signatories from all sides. The agreement states disputes should be resolved through legal process.

Agreement document: SD_211215_Non-aggression document by the components of the Misterei region.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: No specific mention.
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): No specific mention.
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: 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: 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: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 1, Draft agreement:

... We pledge to open markets and roads and abide by this. In the event of any breach of this commitment, any party will be legally responsible

Page 2, Signed Agreement:

We, the undersigned, representing the social components in the Misterei area in West Darfur state, pledge to open markets and roads, and in the event of a breach of this document, the party which violated it will be legally responsible.
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: No specific mention.
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, Draft Agreement:

We, the undersigned, representing the social components in the Misterei area in West Darfur state, pledge, to abide and obligate all our parties not to attack. We pledge to open markets and roads and abide by this. In the event of any breach of this commitment, any party will be legally responsible
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: No specific mention.
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, Signed Agreement:

We, the undersigned, representing the social components in the Misterei area in West Darfur state, pledge to open markets and roads, and in the event of a breach of this document, the party which violated it will be legally responsible.
Related cases: No specific mention.
Source: https://www.ecoi.net/en/file/local/2067782/N2141620.pdf (p 51-52)

https://reliefweb.int/report/sudan/sudan-conflict-darfur-flash-update-no-01-9-december-2021-enar

https://www.fidh.org/IMG/pdf/fidh_report_sudan2021.pdf_.pdf

https://reliefweb.int/report/sudan/sudan-inter-communal-conflict-jebel-moon-west-darfur-flash-update-no-03-14-march-2022#:~:text=Renewed%20conflict%20in%20the%20Jebel,of%20property%20and%20caused%20displacement.

See also https://twitter.com/tobyharward/status/1471237538719350788

Annex 9 – A Local Peace Agreement, West Darfur

Below, the non-aggression document by the components of the Misterei region.

This model

is being used as a mechanism, already introduced in Jebel Moon, for local conflict-dispute

resolution and social cohesion for peaceful co-existence.

Misterei, Beida locality, 15 December 2021.

Draft Agreement

“We, the undersigned, representing the social components in the Misterei area in West Darfur

state, pledge, to abide and obligate all our parties not to attack.

We pledge to open markets

and roads and abide by this.

In the event of any breach of this commitment, any party will be

legally responsible”

(Then follows the list of signatories, with the names of the Sultan Saad Abd al-Rahman Bahr

al-Din, Colonel Musa Hamid and the representatives of four armed movements, Mustafa al-Jamil, Badr Ishaq Ushar, Tijani al-Tahir Karshum, Muhammad Adam Yahya)

Signed agreement:

In the Name of God, the Most Gracious, the Most Merciful

The Sovereign Council

The Darfur region

West Darfur State

We, the undersigned, representing the social components in the Misterei area in West Darfur

state, pledge to open markets and roads, and in the event of a breach of this document, the

party which violated it will be legally responsible.

(Then follow thirty signatures from each side;

witnessed by the Sultan Bahr al-Din, Colonel

Musa Hamid Duday, the representatives of JEM, GSLF, Sudanese Alliance an d SLA/MM;

approved by the Governor of West Darfur General Khamis Abdallah Abkar).

Source:

https://www.assayha.net/86777/;

https://twitter.com/tobyharward/status/1471237538719350788/photo/1