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)
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
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.

Source agreement

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