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

  • 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 - ) )
  • 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.


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