Declaration on the Conclusion of IGAD Negotiations on Peace in the Sudan

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Country/entity: South Sudan
Sudan
Region: Africa (excl MENA)
Agreement name: Declaration on the Conclusion of IGAD Negotiations on Peace in the Sudan
Date: 19 Nov 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: Renewal
Conflict nature: Government/territory
Peace process: Sudanese (North-South) peace process
Parties: Hon. Yahya Hussein Babikar, For the Government of the Republic of the Sudan; Cdr. Nhial Deng Nhial, for the Sudan People's Liberation Movement/Army
Third parties: WITNESSED BY: Lt. Gen. Lazaro K. Sumbeiywo (Rtd.), On Behalf of the IGAD Envoys; Dr. Jan Pronk, Special Representative of the Secretary-General of the United Nations; IN THE PRESENCE OF: The United Nations Security Council; Ambassador Abdallah Baali, Permanent Representative of Algeria to the United Nations; Ambassador Ismael Gaspar Martins, Permanent Representative of Angola to the United Nations; Ambassador Joel Adechi, Permanent Representative of Benin to the United Nations; Ambassador Ronaldo Sardenberg, Permanent Representative of Brazil to the United Nations; Ambassador Jean-Marc de La Sablière, Permanent Representative of France to the United Nations; Ambassador Gunter Pleuger, Permanent Representative of Germany to the United Nations; Ambassador Munir Akram, Permanent Representative of Pakistan to the United Nations; Ambassador Lauro Baja, Jr, Permanent Representative of the Philippines to the United Nations; Ambassador Mihnea Motoc, Permanent Representative of Romania to the United Nations; Ambassador Andrey Denisov, Permanent Representative of the Russian Federation to the United Nations; Ambassador Juan Antonio Yáñez-Barnuevo, Permanent Representative of Spain to the United Nations; Ambassador Emyr Jones Parry, Permanent Representative of the United Kingdom to the United Nations; Ambassador John Danforth, Permanent Representative of the United States to the United Nations
Description: An interim agreement in which the Parties affirm that the six Protocols in the Nairobi Declaration (5/06/2004) constitute the core of the Comprehensive Peace Agreement, and agree to future negotiations on a permanent ceasefire in order to complete the Comprehensive Peace Agreement. Furthermore, the Parties invite the UN Security Council to endorse the six Protocols, to which the UN Security Council pass UN SC Resolution 1574 (2004).

Agreement document: SD_041119_Declaration on Conclusion of IGAD Negotiations in Sudan.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: 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: Page 1, ACKNOWLEDGING the progress made to date on the Security Arrangements and Ceasefire Details including the extensive work that has been accomplished in the Implementation Modalities annexes;

Page 1, FURTHER the Parties declare their commitment to expeditiously complete
Negotiations on the two annexes on Ceasefire Agreement and Implementation Modalities so as to conclude and sign the Comprehensive Peace Agreement no later than 31st December, 2004.
Ceasefire: No specific mention.
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: WITNESSED BY: Dr. Jan Pronk, Special Representative of the Secretary-General of the United Nations; IN THE PRESENCE OF (noted as signed): The United Nations Security Council; Ambassador Abdallah Baali, Permanent Representative of Algeria to the United Nations; Ambassador Ismael Gaspar Martins, Permanent Representative of Angola to the United Nations; Ambassador Joel Adechi, Permanent Representative of Benin to the United Nations; Ambassador Ronaldo Sardenberg, Permanent Representative of Brazil to the United Nations; Ambassador Jean-Marc de La Sablière, Permanent Representative of France to the United Nations; Ambassador Gunter Pleuger, Permanent Representative of Germany to the United Nations; Ambassador Munir Akram, Permanent Representative of Pakistan to the United Nations; Ambassador Lauro Baja, Jr, Permanent Representative of the Philippines to the United Nations; Ambassador Mihnea Motoc, Permanent Representative of Romania to the United Nations; Ambassador Andrey Denisov, Permanent Representative of the Russian Federation to the United Nations; Ambassador Juan Antonio Yáñez-Barnuevo, Permanent Representative of Spain to the United Nations; Ambassador Emyr Jones Parry, Permanent Representative of the United Kingdom to the United Nations; Ambassador John Danforth, Permanent Representative of the United States to the United Nations
Other international signatory: WITNESSED BY: Lt. Gen. Lazaro K. Sumbeiywo (Rtd.), On Behalf of the IGAD Envoys;
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.

DECLARATION ON THE CONCLUSION OF IGAD NEGOTIATIONS ON PEACE IN THE SUDAN

Gigiri, Nairobi:

Friday 19th November 2004

WHEREAS the Government of the Republic of the Sudan and the Sudan People’s Liberation Movement/Army (the Parties) reconfirmed in the Nairobi Declaration of 5th June, 2004 on the Final Phase of the IGAD led negotiations on Peace in the Sudan, their agreement on the six texts, including the Machakos Protocol as well as the texts relating to Power Sharing, Wealth Sharing, Security Arrangements, and resolution of the Conflict in Southern Kordofan/Nuba Mountains, Blue Nile, and Abyei Area;

WHEREAS the Parties in a Joint Press Statement on October 16, 2004, “recommitted themselves to finalize and conclude the Comprehensive Peace Agreement in recognition that prompt completion of the Peace Process is essential for all the people of the Sudan as it will help in resolving all challenges facing the country”;

ACKNOWLEDGING the progress made to date on the Security Arrangements and Ceasefire Details including the extensive work that has been accomplished in the Implementation Modalities annexes;

and

DECLARING that the conclusion of the IGAD led initiative is central to a comprehensive Peace Agreement in the Sudan including the resolution of the Conflict in Darfur;

NOW HEREBY THE PARTIES AFFIRM that the six Protocols referred to in the Nairobi Declaration of 5th June, 2004, constitute and form the core Peace Agreement and therefore invite the UN Security Council in this its Nairobi sitting to pass a resolution endorsing the six Protocols.

FURTHER the Parties declare their commitment to expeditiously complete Negotiations on the two annexes on Ceasefire Agreement and Implementation Modalities so as to conclude and sign the Comprehensive Peace Agreement no later than 31st December, 2004.

(Signed) (Signed)

___________________________ ____________________________

Hon. Yahya Hussein Babikar Cdr.

Nhial Deng Nhial

For the Government For the Sudan People’s

Of the Republic of the Sudan Liberation Movement/Army

Witnessed By:

(Signed)

________________________________

Lt. Gen. Lazaro K. Sumbeiywo (Rtd.)

On Behalf of the IGAD Envoys

(Signed)

________________________________

Dr. Jan Pronk

Special Representative of the Secretary-General

of the United Nations

In the Presence of:

The United Nations Security Council.

(Signed) (Signed)

___________________________ ____________________________

Ambassador Abdallah Baali Ambassador Ismael Gaspar Martins

Permanent Representative of Algeria Permanent Representative of Angola