Political Charter

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Country/entity: South Sudan
Sudan
Region: Africa (excl MENA)
Agreement name: Political Charter
Date: 10 Apr 1996
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: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Sudanese (North-South) peace process
Parties: For the Sudan Government: MAJ. GEN. AL ZUBEAR MOHAMMED SALIH, First Vice President of the Republic of Sudan; For SSIM/A: CDR/DR RIEK MACHAR TENY DHURGON, Chairman of NLC SSIM & C-in-C of SSIA; For SPLM/A (BGG): CDR/ KERBINO KUANYIN, Chairman of SPLM/ (BGG)
Third parties: -
Description: An agreement by the Parties in that the unity of Sudan would be preserved and that a referendum would be held by the people of the southern Sudan to determine their political aspirations after the full establishment of peace and stability. Agreement also provides that the Sudanese people should be encouraged to freely express their different values; that freedom of religion and belief should be observed; and that power and national wealth should be shared equitably for the benefit of the citizens. Agreed that citizenship would further the values of justice, equity, freedom and human rights, and that the Shar’ia and custom would be the sources of legislation. A co-ordination council was to be formed between Southern States to implement the Agreement and the parties agreed to work together for stability and improvement of living conditions in war-affected areas.

Agreement document: SD_960410_Political Charter.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, 2. The unity of the Sudan with its known boundaries shall be preserved, its entity shall be secured against all internal and external dangers. The parties shall endeavour to keep peace, justice and supremacy of values of right, goodness and virtue.

Page 1, 6. Sharia and custom shall be the sources of legislation. However, states may enact legislation complementary to the federal law in matters peculiar to those states.

Page 1, 10. Power and national wealth shall equitably be shared for the benefit of the citizens in the country. The details shall be worked out by the parties.

Page 1, 4. Recognizing the constitutional development, implementation of federal system and political practice based on the values of participatory democracy, the parties shall endeavour to boost the progress in these fields in the light of changing situations.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: Page 1, 3. After full establishment of peace, stability and a reasonable level of social development in the south, and at the end of the interim period, a referendum shall be conducted by the people of the southern Sudan to determine their political aspirations.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: Page 2, 13. The Sudan shall interact with African and Arab Nations and world community on the basis of the effective Sudanese identity for the benefit of the country.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 1, 4. Recognizing the constitutional development, implementation of federal system and political practice based on the values of participatory democracy, the parties shall endeavor to boost the progress in these fields in the light of changing situations.

Page 1, 6. Sharia and custom shall be the sources of legislation. However, states may enact legislation complementary to the federal law in matters peculiar to those states.

Page 1, 10. Power and national wealth shall equitably be shared for the benefit of the citizens in the country. The details shall be worked out by the parties.

Page 1, 11. A coordinating council shall be formed between the Southern States for better implementation of this Agreement.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: 4. advocates constitutional reform 'based on the values of participatory democracy'
Traditional/religious leaders: Page 1, 8. Freedom of religion and belief shall be observed and a suitable atmosphere shall be maintained for practising worship, dawa, proselytization and preaching. No citizen shall be coerced to embrace any faith or religion.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 1, 4. Recognizing the constitutional development, implementation of federal system and political practice based on the values of participatory democracy, the parties shall endeavor to boost the progress in these fields in the light of changing situations.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 1, 10. Power and national wealth shall equitably be shared for the benefit of the citizens in the country. The details shall be worked out by the parties.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, 2. The unity of the Sudan with its known boundaries shall be preserved, its entity shall be secured against all internal and external dangers. The parties shall endeavour to keep peace, justice and supremacy of values of right, goodness and virtue.

Page 1, 5. Citizenship shall be the basis of rights and duties in furtherance of the values of justice, equity, freedom and human rights.

Page 2, 12. The parties shall work together for the stability and improvement of living conditions in the war affected areas according to the provisions of the subsequent Peace Agreement. They shall carry the duty of implementing the security arrangement, resettlement reconstruction, development and preservation of rights and duties.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Equality
Page 1, 5. Citizenship shall be the basis of rights and duties in furtherance of the values of justice, equity, freedom and human rights.

Page 1, 10. Power and national wealth shall equitably be shared for the benefit of the citizens in the country. The details shall be worked out by the parties.
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 1, 7. Cultural diversity in the Sudan is recognized; Sudanese people are encouraged to freely express its values.

Page 1, 8. Freedom of religion and belief shall be observed and a suitable atmosphere shall be maintained for practising worship, dawa, proselytization and preaching. No citizen shall be coerced to embrace any faith or religion.
Socio-economic rights: Human rights and equality→Socio-economic rights→Cultural life
Page 1, 7. Cultural diversity in the Sudan is recognized; Sudanese people are encouraged to freely express its values.

Rights related issues

Citizenship: Rights related issues→Citizenship→Citizens, specific rights
Page 1, 5. Citizenship shall be the basis of rights and duties in furtherance of the values of justice, equity, freedom and human rights.
Democracy: Page 1, 4. Recognizing the constitutional development, implementation of federal system and political practice based on the values of participatory democracy, the parties shall endeavour to boost the progress in these fields in the light of changing situations.
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: Page 1, 6. Sharia and custom shall be the sources of legislation. However, states may enact legislation complementary to the federal law in matters peculiar to those states.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, 3. After full establishment of peace, stability and a reasonable level of social development in the south, and at the end of the interim period, a referendum shall be conducted by the people of the southern Sudan to determine their political aspirations.

Page 1, 9. Social development is an extreme priority for the achievement of which the government shall plan for confidence building and expediting the process of alleviation of poverty, ignorance and illiteracy. The states shall also cater for provision of knowledge and satisfaction.

Page 2, 12. The parties shall work together for the stability and improvement of living conditions in the war affected areas according to the provisions of the subsequent Peace Agreement. They shall carry the duty of implementing the security arrangement, resettlement reconstruction, development and preservation of rights and duties.
Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 2, 12. The parties shall work together for the stability and improvement of living conditions in the war affected areas according to the provisions of the subsequent Peace Agreement. They shall carry the duty of implementing the security arrangement, resettlement reconstruction, development and preservation of rights and duties.
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 2, 12. The parties shall work together for the stability and improvement of living conditions in the war affected areas according to the provisions of the subsequent Peace Agreement. They shall carry the duty of implementing the security arrangement, resettlement reconstruction, development and preservation of rights and duties.
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: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, 11. A coordinating council shall be formed between the Southern States for better implementation of this Agreement.
Related cases: No specific mention.
Source: Incore.ulst.ac.uk,. 'INCORE: Conflict Data Service: Peace Agreements'. N.p., 2015. Web. 25 Oct. 2015.

1996 Political Charter

This Charter has been concluded between the:(1) The Government of Sudan.

(2) The South Sudan Independence Movement (SSIM/A).

(3) Sudan People Liberation Movement (Bahrel Ghazal Group SPLM (B. G.G.)

In recognition of the series of previous peace talks, the Parties have pledged to put an end to the ongoing civil war in the Sudan.

They agreed on the provisions mentioned below in this Charter:

1.To resolve the conflict in the Sudan through peaceful and political means.

2. The unity of the Sudan with its known boundaries shall be preserved, its entity shall be secured against all internal and external dangers.

The parties shall endeavour to keep peace, justice and supremacy of values of right, goodness and virtue.

3. After full establishment of peace, stability and a reasonable level of social development in the south, and at the end of the interim period, a referendum shall be conducted by the people of the southern Sudan to determine their political aspirations.

4. Recognizing the constitutional development, implementation of federal system and political practice based on the values of participatory democracy, the parties shall endeavour to boost the progress in these fields in the light of changing situations.

5. Citizenship shall be the basis of rights and duties in furtherance of the values of justice, equity, freedom and human rights.

6. Sharia and custom shall be the sources of legislation.

However, states may enact legislation complementary to the federal law in matters peculiar to those states.

7. Cultural diversity in the Sudan is recognized;

Sudanese people are encouraged to freely express its values.

8. Freedom of religion and belief shall be observed and a suitable atmosphere shall be maintained for practising worship, dawa, proselytization and preaching.

No citizen shall be coerced to embrace any faith or religion.

9. Social development is an extreme priority for the achievement of which the government shall plan for confidence building and expediting the process of alleviation of poverty, ignorance and illiteracy.

The states shall also cater for provision of knowledge and satisfaction.

10. Power and national wealth shall equitably be shared for the benefit of the citizens in the country.

The details shall be worked out by the parties.

11. A coordinating council shall be formed between the Southern States for better implementation of this Agreement.

12. The parties shall work together for the stability and improvement of living conditions in the war affected areas according to the provisions of the subsequent Peace Agreement.

They shall carry the duty of implementing the security arrangement, resettlement reconstruction, development and preservation of rights and duties.

13. The Sudan shall interact with African and Arab Nations and world community on the basis of the effective Sudanese identity for the benefit of the country.

14. Sudanese in general and Southerners in particular shall be mobilized to rally behind and support the subsequent peace agreement.

Khartoum, 10 April 1996.

(signed)

For the Sudan Government

MAJ. GEN.

AL ZUBEAR MOHAMMED SALIH, First Vice President of the Republic of Sudan

For SSIM/A

CDR/DR RIEK MACHAR TENY DHURGON, Chairman of NLC SSIM & C-in-C of SSIA

For SPLM/A (BGG)

CDR/ KERBINO KUANYIN, Chairman of SPLM/ (BGG)