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.
- Agreement document
- SD_021118_MoU with SPLM on Government Aspects.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)
- 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/makingPage 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→GeneralState levelPage 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 coalitionState levelPage 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 legislatureState levelPage 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 resourcesPage 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 rolesPage 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 commitmentsPage 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