Nairobi Declaration of Unity Between The SPLM/EDF

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Nairobi Declaration of Unity Between The SPLM/EDF
Date: 5 Mar 2004
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: Inter-group
Peace process: South Sudan: Pre-secession Local Peace Processes
Parties: 1. Cdr. Salva Kiir Mayardit, Deputy Chairman and COGS SPLM/A

2. Dr.Theophilous Ochang Lotti, Chairman and C-in-C of EDF
Third parties: -
Description: The Nairobi Declaration on Unity between the Sudan People's Liberation Movement and Equatoria Defense Force was signed in 2004 by Salva Kiir Mayardit, the Chief of General Staff of the SPLM/SPLA, and Dr. Theophilous Ochang Lotti, the leader of the Equatoria Defense Force. The agreement called for the immediate merger of the two movements under the historical name of the SPLM/A and affirmed the right to self-determination for the people of South Sudan, including Abyei, Nuba Mountains, Funj Region, and other marginalized areas of the Sudan. The agreement also recognized the importance of a united Southern Sudan to accelerate the resolution of the ongoing conflict in the Sudan and emphasized the need for a fair and equitable distribution of power and wealth throughout the country. The modalities of implementation included the immediate merger of the forces of the EDF into the SPLA, the formation of technical committees to work out detailed recommendations, and the call for international support.

Agreement document: SS_040305_Nairobi Declaration of Unity Between SPLM(A) EDF.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, Provision 6,
The determination of ridding Southern Sudan and other parts of the Sudan of foreign-armed groups in order to create conducive security conditions for the IDPs and Refugees to return to their homeland.
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): Page 1, Provision 4,
Agree that decentralization of any system up to the grassroots level is prerequisite for good governance, transparency and accountability.
State configuration: No specific mention.
Self determination: Page 1, Provision 2,
Affirmation of the right to self-determination for the people of South Sudan including Abyei, Nuba Mountains, Funj Region and other marginalized areas of the Sudan.
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: Page 1, Provision 8,
Recognize and support the important role being played by the civil society for the betterment of our people.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 2, Provision 9,
The promulgation of democratic Constitution in Southern Sudan that guarantees basic Human Rights and civil liberties of the people of Southern Sudan, similarly for the other parts of the Sudan.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 1, Provision 5,
The need for a fair and equitable distribution of power and wealth throughout the country and in the South in particular.
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: Page 1, Provision 3,
Use the impending Peace Agreement, as a vehicle of democratization and transformation of the country.

Page 2, Provision 9,
The promulgation of democratic Constitution in Southern Sudan that guarantees basic Human Rights and civil liberties of the people of Southern Sudan, similarly for the other parts of the Sudan.
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: 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 2, MODALITIES OF IMPLEMENTATION,
2. Immediate secession of the hostilities between EDF and the SPLA.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Provision 1,
Immediate merger of the two Movements under the historical name of the SPLM/A.

Page 2, Provision 10,
To harmonize the political, military, and administrative Structures of our unified Movement.

Page 2, MODALITIES OF IMPLEMENTATION,
1. Immediate merger of the forces of the EDF into the SPLA.

Page 2, MODALITIES OF IMPLEMENTATION,3. Formation of Technical Committees to work out detailed recommendations on the following issues:
(a) integration of military forces.
(b) integration of political and administrative structures.
(c) organization of conferences for reconciliation and unity among the peoplein the whole of Equatoria Region, Southern Sudan and the rest of New Sudan in the context of South-South dialogue.
(d) reorganizing and streamlining humanitarian institutions of the two Movements.
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: No specific mention.
Related cases: No specific mention.
Source: Rift Valley Institute, 2004. Nairobi Declaration of Unity Between SPLM/EDF, 5 March 2004. SLPD_20040305_01. Sudan Open Archive. Available at: https://www.sudanarchive.net/

NAIROBI DECLARATION ON UNITY BETWEEN THE SPLM/A AND EDF

The First (1st) Deputy Chairman and Chief of General Staff of the Sudan People's Liberation Movement and Sudan People's Liberation Army (SPLM/SPLA;

Cdr Salva Kiir Mayardit.

AND

The Leader of the Equatoria Defence Force (EDF), Dr. Theophilous Ochang Lotti

RECALLING the Declaration made by the Chairman and C-in-C of the SPLM/A, that the year 2002 A.D. should herald the beginning of reconciliation, forgiveness and unity for the people of the Sudan in general and South Sudan in particular;

RECOGNIZING the agreement on Security Arrangements between the GOS and SPLM/A of September the 25th 2003, particularly the relevant paragraphs 3(b), 7 (a) and 7 (b) regarding the status of Southern Armed Groups;

CONVINCED that the unity of our people is not only a necessary but also an essential condition for the liberation process;

FULLY AWARE that a united Southern Sudan will accelerate the resolution of the ongoing conflict in the Sudan, through a just, genuine and lasting peace in the country,

HEREBY agree on the following:

1. Immediate merger of the two Movements under the historical name of the SPLM/A.

2, Affirmation of the right to self-determination for the people of South Sudan including Abyei, Nuba Mountains, Funj Region and other marginalized areas of the Sudan.

3. Use the impending Peace Agreement, as a vehicle of democratization and transformation of the country.

4. Agree that decentralization of any system up to the grassroots level is prerequisite for good governance, transparency and accountability.

5. The need for a fair and equitable distribution of power and wealth throughout the country and in the South in particular.

6. The determination of ridding Southern Sudan and other parts of the Sudan of foreign-armed groups in order to create conducive security conditions for the IDPs and Refugees to return to their homeland.

7. On the important role that the SPLM/A plays in the NDA and other political forces in the country.

8. Recognize and support the important role being played by the civil society for the betterment of our people.

9. The promulgation of democratic Constitution in Southern Sudan that guarantees basic Human Rights and civil liberties of the people of Southern Sudan, similarly for the other parts of the Sudan.

10. To harmonize the political, military, and administrative Structures of our unified Movement.

MODALITIES OF IMPLEMENTATION

The two parties (SPLM/A and the EDF) further agree on the following modalities to effect the declaration:

1. Immediate merger of the forces of the EDF into the SPLA.

2. Immediate secession of the hostilities between EDF and the SPLA.

3. Formation of Technical Committees to work out detailed recommendations on the following issues:

(a) integration of military forces.

(b) integration of political and administrative structures.

(c) organization of conferences for reconciliation and unity among the peoplein the whole of Equatoria Region, Southern Sudan and the rest of New Sudan in the context of South-South dialogue

(d) reorganizing and streamlining humanitarian institutions of the two Movements.

4. The Technical Committees shall present the recommendations to the Leadership of the two Movements for approval within one month from the date of their formation.

Finally, the two Leaders call upon the International communities, the NGO fraternity (both International and Indigenous), friends and people of goodwill to support our endeavor to realize peace, unity and stability in the New Sudan.

Done March 5th 2004

Sign By:

1. Cdr.

Salva Kiir Mayardit, Deputy Chairman and COGS SPLM/A

2) Dr.Theophilous Ochang Lotti, Chairman and C-in-C of EDF