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Memorandum of Understanding between the Government of the Sudan and the Sudan People's Liberation Movement/Army on Aspects of Structures of Government

  • Country/entity

    South Sudan
    Sudan
  • Region

    Africa (excl MENA)
    Africa (excl MENA)
  • Agreement name

    Memorandum of Understanding between the Government of the Sudan and the Sudan People's Liberation Movement/Army on Aspects of Structures of Government
  • Date

    18 Nov 2002
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

    Intrastate/intrastate conflict ( Sudan Conflicts (1955 - ) )
  • Stage

    Framework/substantive - partial
  • Conflict nature

    Government/territory
  • Peace process

    Sudanese (North-South) peace process
  • Parties

    Dr. Ghazi Salahuddin Atabani, The Government of the Sudan; Cdr. Salva Kiir Mayardit, The Sudan People's Liberation Movement/Army
  • Third parties

    Witnessed by: Lt. Gen. Lazaro K. Sumbeiywo, Special Envoy IGAD Sudan Peace Process and on Behalf of the IGAD Envoys
  • Description

    An agreement between the Parties that provides principles, to be incorporated into a final peace agreement, on the governance of Sudan including provisions political and wealth power-sharing. Additionally, the Parties recommit themselves to the pursuit of a lasting peace, and provide for an extension of the Memorandum of Understanding on the Cessation of Hostilities until March 31, 2003.


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)
    Page 1, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: - To recognize the national sovereignty of the Sudan as vested in its people as well as the need to give expression to the aspirations of the people of Southern Sudan in all spheres of Government and to provide for linkages between the different levels of Government;

    Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - - To general principles of inter-governmental relations;

    Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To establish a Government of National Unity during the Interim Period.
  • 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)
    Governance→Political institutions (new or reformed)→New political institutions (indefinite)
    Page 1, 1. That within the above context, they have reached agreement concerning numerous
    aspects of the Structures of Government, including aspects of Power Sharing, the Judiciary and Human Rights. The Parties record that they have reached a measure of understanding on the texts on Structures of Government and revenue sharing on which they have been jointly engaged. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...]

    Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To a bicameral National Legislature with equitable representation of the people of Southern Sudan in both legislative chambers;

    Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To a collegial decision-making process within the Presidency;

    Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To establish a Government of National Unity during the Interim Period.
  • Elections
    Page 1, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To hold free and fair general elections during the Interim Period;
  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders

    No specific mention.

  • Public administration
    Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To ensure that the National Civil Service and Cabinet Ministries be representative of the people of Sudan, and that specifically the people of Southern Sudan shall be equitably represented at the senior and middle levels;
  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To a bicameral National Legislature with equitable representation of the people of Southern Sudan in both legislative chambers;

    Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - In general terms to the sequence and process governing constitutional review and implementation of the Peace Agreement;

Power sharing

  • Political power sharing
    Power sharing→Political power sharing→General
    State level
    Page 1, 1. That within the above context, they have reached agreement concerning numerous aspects of the Structures of Government, including aspects of Power Sharing, the Judiciary and Human Rights. The Parties record that they have reached a measure of understanding on the texts on Structures of Government and revenue sharing on which they have been jointly engaged. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement:
    Power sharing→Political power sharing→Executive coalition
    State level
    Page 1, 1. ...In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement:
    - To recognize the national sovereignty of the Sudan as vested in its people as well as the need to give expression to the aspirations of the people of Southern Sudan in all spheres of Government and to provide for linkages between the different levels of Government;

    - To ensure that the National Civil Service and Cabinet Ministries be representative of the people of Sudan, and that specifically the people of Southern Sudan shall be equitably represented at the senior and middle levels;
    ...
    - To establish a Government of National Unity during the Interim Period.
    Power sharing→Political power sharing→Proportionality in legislature
    State level
    Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...]
    ...
    - To a bicameral National Legislature with equitable representation of the people of Southern Sudan in both legislative chambers;
  • Territorial power sharing

    No specific mention.

  • Economic power sharing
    Power sharing→Economic power sharing→Sharing of resources
    Page 1, 1. That within the above context, they have reached agreement concerning numerous
    aspects of the Structures of Government, including aspects of Power Sharing, the Judiciary and Human Rights. The Parties record that they have reached a measure of understanding on the texts on Structures of Government and revenue sharing on which they have been jointly engaged. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...]

    Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To the general principles for sharing revenue and natural resources;
  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general
    Page 1, 1. That within the above context, they have reached agreement concerning numerous
    aspects of the Structures of Government, including aspects of Power Sharing, the Judiciary and Human Rights. The Parties record that they have reached a measure of understanding on the texts on Structures of Government and revenue sharing on which they have been jointly engaged. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...]

    Page 1, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To promote the welfare of the people and protect their human rights and fundamental freedoms;
  • 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
    Rights related issues→Media and communication→Media roles
    Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To implement an information campaign throughout Sudan to popularize the Peace Agreement in the context of the Machakos Protocol;
  • 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
    Page 1, 1. That within the above context, they have reached agreement concerning numerous
    aspects of the Structures of Government, including aspects of Power Sharing, the Judiciary and Human Rights. The Parties record that they have reached a measure of understanding on the texts on Structures of Government and revenue sharing on which they have been jointly engaged. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...]
  • 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
    Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To the general principles for sharing revenue and natural resources;
  • 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, 3. [...] The Parties have also agreed in a separate document to extend the Memorandum of Understanding (MOU) on the Cessation of Hostilities to the 31st of March, 2003 and to continue their regularly scheduled meetings under the terms of reference established by the Cessation of Hostilities Committee to facilitate the implementation of that MOU.
  • 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
    Page 2, 3. [...] The Parties have also agreed in a separate document to extend the Memorandum of Understanding (MOU) on the Cessation of Hostilities to the 31st of March, 2003 and to continue their regularly scheduled meetings under the terms of reference established by the Cessation of Hostilities Committee to facilitate the implementation of that MOU.
  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.

MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE SUDAN (GOS) AND THE SUDAN PEOPLE'S LIBERATION MOVEMENT/ARMY (SPLM/A) ON ASPECTS OF STRUCTURES OF GOVERNMENT

Nairobi, Kenya

18th November 2002

The Government of the Republic of The Sudan and the Sudan People's Liberation Movement/Sudan People's Liberation Army (the Parties) have continued their negotiations from 14th October to 18th November, 2002 in Machakos and Nairobi,

Kenya, under the auspices of the IGAD Sudan Peace Process;

and The Parties reaffirm their commitment to a negotiated, peaceful, comprehensive resolution to the Sudan conflict within the context of the Machakos Protocol of 20th July 2002 which stipulates that unity shall be the priority of the Parties during the Interim Period.

The Parties hereby agree:

1. That within the above context, they have reached agreement concerning numerous aspects of the Structures of Government, including aspects of Power Sharing, the Judiciary and Human Rights.

The Parties record that they have reached a measure of understanding on the texts on Structures of Government and revenue sharing on which they have been jointly engaged.

In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement:

- To recognize the national sovereignty of the Sudan as vested in its people as well as the need to give expression to the aspirations of the people of Southern Sudan in all spheres of Government and to provide for linkages between the different levels of Government;

- To promote the welfare of the people and protect their human rights and fundamental freedoms;

- To hold free and fair general elections during the Interim Period;

- To a bicameral National Legislature with equitable representation of the people of Southern Sudan in both legislative chambers;

- To ensure that the National Civil Service and Cabinet Ministries be representative of the people of Sudan, and that specifically the people of Southern Sudan shall be equitably represented at the senior and middle levels;

- To hold a census during the Interim Period;

- To the general principles for sharing revenue and natural resources;

- To establish a number of independent commissions;

- To general principles of inter-governmental relations;

- In general terms to the sequence and process governing constitutional review and implementation of the Peace Agreement;

- To a collegial decision-making process within the Presidency;

- The allocation of the majority of functional areas of competence of the different levels of government;

- To establish a Government of National Unity during the Interim Period.

- To implement an information campaign throughout Sudan to popularize the Peace Agreement in the context of the Machakos Protocol;

- That the remaining issues still to be agreed in draft text No.

4 on Structures of Government presented by the Mediators shall form the starting point for their further negotiations.

2. To recommit themselves to continue to search for lasting peace and, without prejudice to the positions of the Parties, to resolve all outstanding issues and incorporate them into the final Peace Agreement.

3. To resume and conduct negotiations in January 2003 in good faith and goodwill in order to operationalize the above principles and achieve a just and comprehensive peace in the Sudan at the earliest possible time.

The Parties have also agreed in a separate document to extend the Memorandum of Understanding (MOU) on the Cessation of Hostilities to the 31st of March, 2003 and to continue their regularly scheduled meetings under the terms of reference established by the Cessation of Hostilities Committee to facilitate the implementation of that MOU.

_____________________________

Dr. Ghazi Salahuddin Atabani

For: The Government of the Sudan

________________________________

Cdr. Salva Kiir Mayardit

For: The Sudan People's Liberation Movement/Army

________________________

WITNESSED BY:

Lt. Gen. Lazaro K. Sumbeiywo

Special Envoy

IGAD Sudan Peace Process and on

Behalf of the IGAD Envoys