Political Charter between the Sudan Government and the SPLA (United)

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Country/entity: South Sudan
Sudan
Region: Africa (excl MENA)
Agreement name: Political Charter between the Sudan Government and the SPLA (United)
Date: 26 Apr 1995
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 Government of Sudan: Lino Roll Deng; For the SPLA/M: Arok Thon, Chol Deng
Third parties: -
Description: Agreement on overarching principles by which further negotiations will be conducted to resolve the North/South Sudan conflict. Calls for substantive discussions to be held on decentralisation, power and wealth sharing, religious rights and the formation of a national army, which would include SPLA (united) troops.

Agreement document: SD_950426_Political Charter Sudan and SPLA (United).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. Preserve the unity of the Sudan with its recognized international boundaries, secure its entity against all internal and external dangers. Endeavour to keep peace, justice and supremacy of the values of right and goodness.

Page 1, 3. Assert and promote the values of participatory democracy in the light of the
changing situations and practices.

Page 1, 6. Recognize cultural diversity in the Sudan and enable the people to freely express their values.

Page 1, 8. Citizenship shall be the basis of rights and duties in furtherance to the values of justice, equality, freedom and human rights.

Page 1, 12. The Sudan shall interact with African and Arab nations on the basis of its effective Sudanese identity for the benefit of the country and the world community at large.
State configuration: Page 1, 1. Preserve the unity of the Sudan with its recognized international boundaries, secure its entity against all internal and external dangers. Endeavour to keep peace, justice and supremacy of the values of right and goodness.
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: Page 1, 10. The two parties shall work together for the stability, reconstruction, rehabilitation and development in the war affected areas. The support of the friendly and sisterly nations shall be sought to expedite the process.

Page 1, 12. The Sudan shall interact with African and Arab nations on the basis of its effective Sudanese identity for the benefit of the country and the world community at large.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 1, 9. The two parties shall fully and effectively participate in all constitutional, political and executive institutions at all levels.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1, 3. parties commit to assert and promote the values of participatoy democracy in the light of the changing situations and practices.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Sub-state level
Page 1, 9. The two parties shall fully and effectively participate in all constitutional, political and executive institutions at all levels.

Page 2, 13. Power and national wealth in the Sudan will be equitably shared between the citizens of the country, the details shall be worked out by the two parties.

Page 2, 14. The two parties have agreed on decentralization of the South and a coordinating council shall be formed between the Southern States according to their consent.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 2, 14. The two parties have agreed on decentralization of the South and a coordinating council shall be formed between the Southern States according to their consent.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 2, 13. Power and national wealth in the Sudan will be equitably shared between the
citizens of the country, the details shall be worked out by the two parties.
Military power sharing: Power sharing→Military power sharing→Merger of forces
Page 1, 11. After classification of the SPLA troops the two parties have agreed to form one national army, which will be deployed separately for a time to be agreed upon. A
technical committee will be established to work out the details.

Human rights and equality

Human rights/RoL general: Page 1, 6. Recognize cultural diversity in the Sudan and enable the people to freely express their values.

Page 1, 8. Citizenship shall be the basis of rights and duties in furtherance to the values of justice, equality, freedom and human rights.
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, 8. Citizenship shall be the basis of rights and duties in furtherance to the values of justice, equality, freedom and human rights.

Page 2, 13. Power and national wealth in the Sudan will be equitably shared between the
citizens of the country, the details shall be worked out by the two parties.
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 1, 5. Observe freedom of religion and belief and maintain a suitable atmosphere for
practising worship, Daawa and preaching. No citizen shall be coerced to embrace any faith or religion.

Page 1, 6. Recognize cultural diversity in the Sudan and enable the people to freely express their values.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 1, 3. Assert and promote the values of participatory democracy in the light of the
changing situations and practices.
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, 7. Sharia, customs and beliefs shall be the sources for legislation in the Sudan.
However, States may enact legislation complementary to the federal laws 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, 10. The two parties shall work together for the stability, reconstruction, rehabilitation and development in the war affected areas. The support of the friendly and sisterly nations shall be sought to expedite the process.

Page 2, 16. The two parties have agreed that social development is an extreme priority for the achievement of which the state shall plan for confidence building and expedite the process of alleviation of poverty, ignorance mid illiteracy. The State should also cater for provision of knowledge and satisfaction.
Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 1, 10. The two parties shall work together for the stability, reconstruction, rehabilitation and development in the war affected areas. The support of the friendly and sisterly nations shall be sought to expedite the process.
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: No specific mention.
Police: No specific mention.
Armed forces: Page 1, 11. After classification of the SPLA troops the two parties have agreed to form one national army, which will be deployed separately for a time to be agreed upon. A
technical committee will be established to work out the details.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 11. After classification of the SPLA troops the two parties have agreed to form one national army, which will be deployed separately for a time to be agreed upon. A
technical committee will be established to work out the details.
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: Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.

Political Charter Between the Sudan Government and the SPLA (United)

In the name of God the Compassionate, the Merciful

This Charter has been made on the 26th of April 1995 between the delegation of the Government of the Sudan and the SPLA/M (United) delegation.

The two parties have pledged to cooperate, support each other and stand together in bringing about peace and ruling the Sudan according to the following principles:

1. Preserve the unity of the Sudan with its recognized international boundaries, secure its entity against all internal and external dangers.

Endeavour to keep peace, justice and supremacy of the values of right and goodness.

2. The Federal System shall be tested and evaluated for a period of time to be agreed upon.

3. Assert and promote the values of participatory democracy in the light of the changing situations and practices.

4. Fight Sectarianism (Taifia) and its allies in all forms.

5. Observe freedom of religion and belief and maintain a suitable atmosphere for practising worship, Daawa and preaching.

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

6. Recognize cultural diversity in the Sudan and enable the people to freely express their values.

7. Sharia, customs and beliefs shall be the sources for legislation in the Sudan.

However, States may enact legislation complementary to the federal laws in matters peculiar to those States.

8. Citizenship shall be the basis of rights and duties in furtherance to the values of justice, equality, freedom and human rights.

9. The two parties shall fully and effectively participate in all constitutional, political and executive institutions at all levels.

10. The two parties shall work together for the stability, reconstruction, rehabilitation and development in the war affected areas.

The support of the friendly and sisterly nations shall be sought to expedite the process.

11. After classification of the SPLA troops the two parties have agreed to form one national army, which will be deployed separately for a time to be agreed upon.

A technical committee will be established to work out the details.

12. The Sudan shall interact with African and Arab nations on the basis of its effective Sudanese identity for the benefit of the country and the world community at large.

13. Power and national wealth in the Sudan will be equitably shared between the citizens of the country, the details shall be worked out by the two parties.

14. The two parties have agreed on decentralization of the South and a coordinating council shall be formed between the Southern States according to their consent.

15. The two parties agreed to mobilize all Sudanese, particularly people from war affected areas to rally behind and support of the peace agreement.

16. The two parties have agreed that social development is an extreme priority for the achievement of which the state shall plan for confidence building and expedite the process of alleviation of poverty, ignorance mid illiteracy.

The State should also cater for provision of knowledge and satisfaction.

26 April 1995.

(signed)

For the Government of Sudan

1. [ no signature]

2. Lino Roll Deng

For the SPLA/M (United)

1. Arok Thon

2. Chol Deng