Khartoum Peace Agreement (KPA) Between the Sudan Peoples' Liberation Movement-In Government and the Agwelek Forces

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Khartoum Peace Agreement (KPA) Between the Sudan Peoples' Liberation Movement-In Government and the Agwelek Forces
Date: 16 Jan 2022
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: Ceasefire/related
Conflict nature: Government/territory
Peace process: South Sudan post-secession process
Parties: For SPLM-IG. Gen. Akol Koor Kuc, Director General Internal Security Bureau- NSS.

For Agwelek Forces. Gen. Johnson Olony Thubo, Chairman of Agwelek Forces.

Gen. Marshal Stephen Babanen. Chief of Military Intelligence - SSPDF.
Third parties: Agreement witnessed by: Hon. Tut Gatiuak Manime, Presidential Advisor on NS Affairs Witness.

Mrs. Victoria Arop Odhong. Women Representative.

Cde. John Opec Akokjak. Elder, Community Leader.
Description: Peace Agreement which acts as a ceasefire between SPLM-IG and Agwelek splinter group of SPLM-IO. Has provisions on land boundaries, return of assets, merger of Agwelek forces into SSPDF, and political representation.

Agreement document: SS_220116_Khartoum Peace Agreement (KPA) – Between the Sudan Peoples’ Liberation Movement – In Government and The Agwelek Forces.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: Groups→Racial/ethnic/national group→Substantive
Page 2, 1.1. The parties agreed that, Chollo area's boundaries should resolved as it stood on 1/1/1956 mpas and as provided for in the R-ARCISS.

Page 2, 1.2. The two parties agreed that, the Chollo and Dinka Apadang communities in Upper Nile and Ruweng shall engage in peaceful dialogue as communities to find amicable solutions to land matters as well promote peaceful coexistence;

Page 3, 3.2. The two parties agreed that, there shall be communities' forum for peace and reconciliation between the Chollo, Dinka Apadang in Upper Nile State and Ruweng in order to promote peaceful coexistence and the government shall provide necessary support.
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: Pages 1-2, Preamble. Reaffirming our recommitments to prioritizing dialogue as a means to settle or resolve conflicts demonstrated by the current negotiations, we the parties with involvement of community leaders, religious leaders and women's representatives have agreed as follows.

Page 4, signatures. Witnessed by Mrs. Victoria Arop Odhong, Women Representative
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: p. 2, 1.3. Religious leaders to be involved in the processes of the implementation of this peace agreement as well as engagement in various communities peace and reconciliation conferences;
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: Power sharing→Military power sharing→Merger of forces
Page 2, 2.3. The parties agreed that, the Agwelek forces shall promptly integrate into the SSPDF with due consideration of known military formation and applicable criteria.

Human rights and equality

Human rights/RoL general: Page 1, preamble. Aware of the fact that, peaceful coexistence, unity, rule of law, reconciliation and development of Upper Nile State and the country is an aspiration of all our communities and the people of South Sudan.
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: No specific mention.
Protection measures: Rights related issues→Protection measures→Protection of civilians
Page 3, 2.5. The parties agreed that, a minimum of 500 police force will be deployed in Kit Gwang/Magenis to provide protection (see the status of force agreement between SPLM/A IO Kit-Gwang and the SPLM - IG in Khartoum, Sudan).
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 3, 3.3. The parties agreed that, heads or command of security forces and state judges should not come from officers who hails from the Upper Nile State in order to avoid partisan politics or involvement in local community politics.
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. Aware of the fact that, peaceful coexistence, unity, rule of law, reconciliation and development of Upper Nile State and the country is an aspiration of all our communities and the people of South Sudan.

Reaffirming our unwavering determination to put an end ot the suffering of our people by addressing the root causes underlying the persisting and eduiring conflicts, insecurity, hatred and political instability which hampers the social and economic development in the Upper Nile State and South Sudan at large;
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: Land, property and environment→Land reform/rights→Property return and restitution
Page 2, 1.4. Return of Individual's unmovable assets (houses and shops) illegally occupied during the conflict. The state authorities to facilitate the return of individual homes and shops illegally or unlawfully occupied by illegal occupants in Malakai and other towns in Upper Nile State which will allow the rightful owners repossession.
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
[Summary: The whole agreement provides for a ceasefire and its modalities. This agreement maintains an existing ceasefire. The ceasefire is permanent.]

Page 2, 2.2. The two parties agreed that, the Agwelek forces and SSPDF will recommit to maintain the current and existing ceasefire till the reintegration processes are concluded and agreed not to engage in any violence with any forces in the area of responsibility.
Police: Page 3, 2.5. The parties agreed that, a minimum of 500 police force will be deployed in Kit Gwang/Magenis to provide protection (see the status of force agreement between SPLM/A IO Kit-Gwang and the SPLM - IG in Khartoum, Sudan).
Armed forces: Page 3, 3.3. The two parties agreed that, heads or command of security forces and state judges should not come from officers who hails form the Upper Nile State in order to avoid partisan politics or involvement in local community politics.
DDR: Security sector→DDR→Demilitarisation provisions
Page 2, 2. Military and Security Matters.

2.1. The two parties agreed that, Agwelek forces shall immediately and peacefully disengaged and remain independent from the SPLM/A IO mainstream;

2.2. The two parties agreed that, the Agwelek forces and SSPDF will recommit to maintain the current and existing ceasefire till the reintegration processes are concluded and agreed not to engage in any violence with any forces in the area of responsibility.

Page 2, 2.3. The parties agreed that, the Agwelek forces shall promptly integrate into the SSPDF with due consideration of known military formation and applicable criteria,

2.4. The two parties agreed that, Amnesty will be granted to the leadership and Agwelek forces within the period of one week of the forces' disengagement as outlines in the agreement between the SPLM-IG and the SPLM/A IO Kit-Gwang faction;
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, 2.3. The parties agreed that, the Agweleck forces shall promptly integrate into the SSPDF with due consideration of known military formation and applicable criteria,

Page 2, 2.4. The two parties agreed that, Amnesty will be granted to the leadership and Agwelek forces within the period of one week of the forces' disengagement as outlined in the agreement between the SPLM-IG and the SPLM/A IO Kit-Gwang faction;

Page 3, 3.1. The two parties agreed on political representation of the Agwelek forces (political elements) both in the state and national levels.

Page 3, 3.1.1. The parties agreed to further engage on the detailed allocation of political positions at the parties' leadership level.

Page 3, 3.3. The parties agreed that, heads or command of security forces and state judges should not come from officers who hails from the Upper Nile State in order to avoid partisan politics or involvement in local community politics;
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: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 2, 2.4. The two parties agreed that, Amnesty will be granted to the leadership and Agwelek forces within the period of one week of the forces' disengagement as outlined in the agreement between the SPLM-IG and the SPLM/A IO Kit-Gwang faction;
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: p. 1, Preamble. Aware of the fact that, peaceful coexistence, unity, rule of law, reconciliation and development of Upper Nile State and the country is an aspiration of all our communities and the people of South Sudan.

p. 2, 1.3. Religious leaders to be involved in the processes of the implementation of this peace agreement as well as engagement in various communities peace and reconciliation conferences;

p. 3, 3.2. The two parties agreed that, there shall be communities forum for peace and reconciliation between the Chollo, Dinka Apadang in Upper Nile State and Ruweng in order to promote peaceful coexistence and the government shall provide necessary support.

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: Minbane. 2022. South Sudan: Khartoum Peace Agreement (KPA) – Between the Sudan Peoples’ Liberation Movement – In Government and The Agwelek Forces (16.01.2022). Available online at: https://minbane.wordpress.com/2022/01/16/https-wp-me-p1xtjg-jpu-2/ Accessed 6th March 2023.

Craze, Joshua. 2019. Displaced and Immiserated: The Shilluk of Upper Nile in South Sudan’s Civil War, 2014–19. Available online at: https://www.smallarmssurvey.org/sites/default/files/resources/HSBA-Report-South-Sudan-Shilluk.pdf Accessed 7th March 2023.

Khartoum Peace Agreement (KPA) Between the Sudan Peoples' Liberation Movement Government

And The Agwelek Forces

January 16, 2022 Khartoum, Sudan

The SPLM -IGis delegation led and represented by Hon.

Tut Gatluak Manime, Presidential Advisor on National Security Affairs and the Agwelek Forces under the command of Gen. Johnson Olony Thubo Dak met on 16th January 2022 in Khartoum, Sudan and deliberated on matters raised and outlined in the position paper (attached) and referred to in this as peace agreement between the SPLM -IG and Agwelek Forces.

Expressing our deep regret for the suffering endured and continues to be perpetuated on the people of South Sudan and more particularly the communities of the Upper Nile State as a result of armed conflicts.

Determined to put aside our differences in all its manifestations in order to promote the factors that are common to us and which unite us and work collectively for the realization of the higher interests of the people of the Upper Nile State and the country at large.

Aware of the fact that, peaceful coexistence, unity, rule of law, reconciliation and development of Upper Nile State and the country is an aspiration of all our communities and the people of South Sudan.

Reaffirming our unwavering determination to put an end to the suffering of our people by addressing the root causes underlying the persisting and enduring conflicts, insecurity, hatred and political Instability which hampers the social and economic development in the Upper Nile State and South Sudan at large;

Reaffirming our recommitments to prioritizing dialogue as a mean to settle or re e conflicts demonstrated by the current negotiations, we the parties with involvement of community leaders, religious leaders and women representatives have agreed as follows.

1. Land and Communal Matters:

1.1. The two parties agreed that the Chollo area's boundaries should be resolved as it stood on 1/1/1956 maps and as provided for in the R-ARCISS.

1.2. The two parties agreed that the Chollo and Dinka Apadang communities in Upper Nile and Ruweng shall engage in peaceful dialogue as communities to find amicable solutions to land matters and promote peaceful coexistence.

1.3. Religious leaders will be involved in the processes of implementing this peace agreement as well as engaging in various community peace and reconciliation conferences.

1.4. Return of individuals' unmovable assets (houses and shops) illegally occupied during the conflict.

The state authorities will facilitate the return of individual homes and shops illegally or unlawfully occupied by illegal occupants in Malakai and other towns in Upper Nile State, which will allow the rightful owners repossession.

2. Military and Security matters:

2.1. The two parties agreed that Agwelek forces shall immediately and peacefully disengage and remain independent from the SPLM/A I0 mainstream;

2.2. The two parties agreed that the Agwelek forces and SSPDF will recommit to maintain the current and existing ceasefire until the reintegration processes are concluded and agreed not to engage in any violence with any forces in the area of responsibility.

2.3. The parties agreed that the Agwelek forces shall promptly integrate into the SSPDF with due consideration of known military formation and applicable criteria.

2.4. The two parties agreed that amnesty will be granted to the leadership and Agwelek forces within the period of one week of the disengagement as outlined in the agreement between the SPLM-IG and the SPLM/A IO Kit-Gwang faction.

2.5. The parties agreed that a minimum force of 500 police force will be deployed in Kit-Gwang/Majenis to provide protection (see the status of the force agreement between SPLM/A IO Kit-Gwang and the SPLM-IG in Khartoum, Sudan).

3. Political matters:

3.1. The two parties agreed on the political representation of the Agwelek forces (political elements) both at the state and national levels.

3.1.1.

The parties agreed to further engage on the detailed allocation of political positions at the parties' leadership level.

3.2. The two parties agreed that there shall be a community forum for peace and reconciliation between the Chollo, Dinka Apadang in Upper Nile State and Ruweng to promote peaceful coexistence and the government shall provide necessary support.

3.3. The parties agreed that heads of command or security forces and state judges should not come from officers who hail from the Upper Nile State to avoid partisan politics or involvement in local community politics.

3.4. The parties agreed that the headquarters of Makal county should be based in Malakal town as previously exercised and any claims or conflicts over this should be further resolved by the communities or inhabitants of the Upper Nile State with the government's facilitation.

This Khartoum peace agreement between the two referred to as SPLM-IG and Agwelek forces shall come into effect by the date of its signing.

For SPLM- IG

Gen. Akol Koor Kuc,

Director General

Intemal Security Bureau- NSS

For Agwelek Forces

Gen. Johnson Olony Thubo,

Chairman of Agwelek Forces

Gen. Marshal Stephen Babanen

Chief or Military Intelligence -SSPDF

Witnessed by:

Hon. Tut Gatluak Manime,

Presidential Advisor on NS Affairs

Witness

Mrs. Victoria Arop Odhong

Women Representative

Cde. John Opec Akokjak

Elder, Community Leader