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

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Country/entity: South Sudan
Sudan
Region: Africa (excl MENA)
Agreement name: Memorandum of Understanding on Cessation of Hostilities between the Government of the Sudan and the Sudan People's Liberation Movement/Army
Date: 15 Oct 2002
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: Government/territory
Peace process: Sudanese (North-South) peace process
Parties: Hon. Idris Mohammed Abdel Gadir, For: the Government of the Sudan; Cdr. Nhial Deng Nhial,
For: The Sudan People's Liberation Movement/Army
Third parties: Lt Gen Lazaro K. Sumbeiywo, Special Envoy IGAD Sudan Peace Process and on behalf of IGAD Envoys (just signs)
Description: A short agreement aimed at resuming negotiations, reaffirming military matters, requesting mediators to establish a channel of communications, and allowing unimpeded humanitarian access.

Agreement document: SD_021015_MoU on Cessation of Hostilities between Sudan and SPLM.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: Rights related issues→Media and communication→Media roles
Page 1, 3. For the purpose of this MOU, "cessation of hostilities" means the following:
· Freeze media wars and propaganda against one another.
Rights related issues→Media and communication→Other
Page 1, 4. The Parties request the Mediators to establish a channel of communications between them to facilitate the implementation of the cessation of hostilities, assist with verification of complaints, and exchange information on supply of non -combat items and on rotation of troops.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 1, 5. The Parties shall allow unimpeded humanitarian access to all areas and for people in need, in accordance with the Operation Lifeline Sudan (OLS) Agreement.
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→Ceasefire provision
Page 1, 2. To create and maintain a conducive atmosphere throughout the negotiations until all the outstanding issues in the Conflict are resolved. Therefore, the Parties shall undertake upon signature of this Memorandum of Understanding (MOU) to maintain a period of tranquility during negotiations by ceasing hostilities in all areas of the Sudan and ensuring a military stand down for their own forces, including allied forces and affiliated militia. This MOU however, does not affect the right of either party to take any legitimate measures in self-defense against any hostile act from a party of force other than those referred to above.

Page 1, 3. For the purpose of this MOU, "cessation of hostilities" means the following:
· To retain current military positions;
· Refrain from any offensive military action by all forces;
· Cease laying of landmines;
· Refrain from occupation of new areas;
· Cease supplying all areas with Weapons and ammunition;
· Refrain from any acts of violence or other abuse on the civilian population;
· Freeze media wars and propaganda against one another.

Page 1, 4. The Parties request the Mediators to establish a channel of communications between them to facilitate the implementation of the cessation of hostilities, assist with verification of complaints, and exchange information on supply of non-combat items and on rotation of troops.
Police: No specific mention.
Armed forces: Page 1, 2. To create and maintain a conducive atmosphere throughout the negotiations until all the outstanding issues in the Conflict are resolved. Therefore, the Parties shall undertake upon signature of this Memorandum of Understanding (MOU) to maintain a period of tranquility during negotiations by ceasing hostilities in all areas of the Sudan and ensuring a military stand down for their own forces, including allied forces and affiliated militia. This MOU however, does not affect the right of either party to take any legitimate measures in self-defense against any hostile act from a party of force other than those referred to above.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 2. To create and maintain a conducive atmosphere throughout the negotiations until all the outstanding issues in the Conflict are resolved. Therefore, the Parties shall undertake upon signature of this Memorandum of Understanding (MOU) to maintain a period of tranquility during negotiations by ceasing hostilities in all areas of the Sudan and ensuring a military stand down for their own forces, including allied forces and affiliated militia. This MOU however, does not affect the right of either party to take any legitimate measures in self-defense against any hostile act from a party of force other than those referred to above.

~

Page 1, 2. To create and maintain a conducive atmosphere throughout the negotiations until all the outstanding issues in the Conflict are resolved. Therefore, the Parties shall undertake upon signature of this Memorandum of Understanding (MOU) to maintain a period of tranquility during negotiations by ceasing hostilities in all areas of the Sudan and ensuring a military stand down for their own forces, including allied forces and affiliated militia. This MOU however, does not affect the right of either party to take any legitimate measures in self-defense against any hostile act from a party of force other than those referred to above.
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: United States Institute of Peace,. 'United States Institute Of Peace'. N.p., 2015. Web. 27 Oct. 2015.

Memorandum of Understanding on Cessation of Hostilities Between the Government of the Sudan and the Sudan People's Liberation Movement/Army

Preamble:

The Government of the Republic of the Sudan (GOS) and the Sudan People's Liberation Movement/ Army (SPLM/ A), hereafter referred to as the Parties, agree:

1. To resume the negotiations on 15th October 2002 from where they stopped in Machakos, Kenya, on Monday 2nd September 2002, under the auspices of IGAD and according to the Machakos Protocol of the 20th July 2002 and the agreed Agenda.

2. To create and maintain a conducive atmosphere throughout the negotiations until all the outstanding issues in the Conflict are resolved.

Therefore, the Parties shall undertake upon signature of this Memorandum of Understanding (MOU) to maintain a period of tranquility during negotiations by ceasing hostilities in all areas of the Sudan and ensuring a military stand down for their own forces, including allied forces and affiliated militia.

This MOU however, does not affect the right of either party to take any legitimate measures in self-defense against any hostile act from a party of force other than those referred to above.

3. For the purpose of this MOU, "cessation of hostilities" means the following:

· To retain current military positions;

· Refrain from any offensive military action by all forces;

· Cease laying of landmines;

· Refrain from occupation of new areas;

· Cease supplying all areas with Weapons and ammunition;

· Refrain from any acts of violence or other abuse on the civilian population;

· Freeze media wars and propaganda against one another.

4. The Parties request the Mediators to establish a channel of communications between them to facilitate the implementation of the cessation of hostilities, assist with verification of complaints, and exchange information on supply of non -combat items and on rotation of troops.

5. The Parties shall allow unimpeded humanitarian access to all areas and for people in need, in accordance with the Operation Lifeline Sudan (OLS) Agreement.

6. The Parties also agree that the negotiations will be conducted in good faith and in good will in order to conclude within the shortest time possible from the date of reconvening of the Talks.

7. This MOU shall enter into force at 12:00 hours Sudan Local Time on Thursday 17th October, 2002 and remain in effect until the negotiations are concluded, and no later than 31st December 2002.

8. This MOU may be renewed by mutual consent of the Parties to conclude negotiations on any outstanding issues.

Hon. Idris Mohammed Abdel Gadir

For: the Government of the Sudan

Cdr. Nhial Deng Nhial

For: The Sudan People's Liberation Movement/Army

Lt. Gen. Lazaro K. Sumbeiywo

Special Envoy

IGAD Sudan Peace Process and

On behalf of IGAD Envoys