The Nairobi Declaration on the Final Phase of Peace in the Sudan

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Country/entity: South Sudan
Sudan
Region: Africa (excl MENA)
Agreement name: The Nairobi Declaration on the Final Phase of Peace in the Sudan
Date: 5 Jun 2004
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: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Sudanese (North-South) peace process
Parties: H.E. Ali Osman Mohamed Taha, First Vice-President of the Government of the Republic of the Sudan; Dr. John Garang de Mabior, Chairman of the Sudan People’s Liberation Movement (SPLM)
Third parties: Witnessed by: Hon. Stephen Kalonzo Musyoka, Minister for Foreign Affairs of the Republic of Keny and on behalf of the IGAD Ministerial Sub-Committee on Sudan
Description: An agreement reconfirming prior texts and committing to a ceasefire within the framework of the Agreement on Security Arrangements for the Interim Period. The Parties also establish that agreements thus far, together with subsequent agreements, will form a Comprehensive Peace Agreement which will initiate the pre-interim period.

Agreement document: SD_040605_Nairobi Declaration on Peace.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, Preamble
IN PURSUANCE OF the commitment of the Parties to a negotiated settlement on the basis of a democratic system of governance which, on the one hand, recognizes the right of the people of Southern Sudan to self-determination and seek to make unity attractive during the Interim Period, and at the same time is inspired by the realities of the country and is founded on the values of justice, democracy, good governance, respect for the fundamental rights and freedoms of the individual, mutual understanding and tolerance of diversity within Sudan as a whole;

Page 3, ACKNOWLEDGE that the protocols heretofore mentioned, envisage:
(1) The resolution of the status of State and Religion and the Right of Self-Determination for the people of South Sudan as set forth in the Machakos Protocol of 20th July 2002;

Page 3, (4) Power Sharing arrangements inspired by the need for democracy, respect for human rights, justice, the devolution of powers to the states and to the Government of Southern Sudan, good governance at all levels, and a National Government vested with appropriate powers to act in the interests of all Sudanese, as agreed in the Protocol Between the Government of Sudan and the Sudan People’s Liberation Movement on Power Sharing, dated 26th May, 2004;
State configuration: No specific mention.
Self determination: Page 1, Preamble
IN PURSUANCE OF the commitment of the Parties to a negotiated settlement on the basis of a democratic system of governance which, on the one hand, recognizes the right of the people of Southern Sudan to self-determination and seek to make unity attractive during the Interim Period, and at the same time is inspired by the realities of the country and is founded on the values of justice, democracy, good governance, respect for the fundamental rights and freedoms of the individual, mutual understanding and tolerance of diversity within Sudan as a whole;

Page 3, ACKNOWLEDGE that the protocols heretofore mentioned, envisage:
(1) The resolution of the status of State and Religion and the Right of Self-Determination
for the people of South Sudan as set forth in the Machakos Protocol of 20th July 2002;
Referendum: Page 4, (6) Agreement on the administration and mechanism for a referendum in Abyei Area entitled Protocol Between the Government of Sudan and the Sudan People's Liberation Movement on the Resolution of the Conflict in Abyei Area, dated 26th May, 2004.
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)→General references
Page 3, (4) Power Sharing arrangements inspired by the need for democracy, respect for human rights, justice, the devolution of powers to the states and to the Government of Southern Sudan, good governance at all levels, and a National Government vested with appropriate powers to act in the interests of all Sudanese, as agreed in the Protocol Between the Government of Sudan and the Sudan People’s Liberation Movement on Power Sharing, dated 26th May, 2004;

Page 4, THE PARTIES JOINTLY AGREE that the Protocols and Agreements already signed, together with the Annexes that remain to be negotiated on the Permanent Ceasefire Arrangements and the Agreement on the Modalities of Implementation of the Agreement that shall also include regional and international guarantees, shall constitute the Comprehensive Peace Agreement, which, when signed, shall initiate the Pre-Interim Period;
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 3, (5) Understandings on the administration, popular consultation, and related matters in respect of the two conflict areas of Southern Kordofan/Nuba Mountains and Blue Nile States, which agreements are set out in the Protocol Between the Government of Sudan and the Sudan People’s Liberation Movement on the Resolution of Conflict In Southern Kordofan/Nuba Mountains and Blue Nile States, dated 26th May, 2004;

Page 4, (6) Agreement on the administration and mechanism for a referendum in Abyei Area entitled Protocol Between the Government of Sudan and the Sudan People's Liberation Movement on the Resolution of the Conflict in Abyei Area, dated 26th May, 2004.
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
Page 3, Preamble:

[The parties] Acknowledge that the protocols heretofore mentioned, envisage:
(4) Power Sharing arrangements inspired by the need for democracy, respect for human rights, justice, the devolution of powers to the states and to the Government of Southern Sudan, good governance at all levels, and a National Government vested with appropriate powers to act in the interests of all Sudanese, as agreed in the Protocol Between the Government of Sudan and the Sudan People’s Liberation Movement on Power Sharing, dated 26th May, 2004;
Territorial power sharing: No specific mention.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 3, (3) Wealth Sharing mechanisms which recognize the interests and needs of the various states, the south and the Sudan as a whole, and further, that the objective of the system of wealth sharing shall be the development, delivery of essential services and sustenance of justice and peace for and between the citizens of Sudan as well as the reconstruction of the war affected areas, as elaborated in the Agreement on Wealth Sharing During the Pre-Interim and Interim Period, dated 7th January, 2004 ;
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, Preamble
IN PURSUANCE OF the commitment of the Parties to a negotiated settlement on the basis of a democratic system of governance which, on the one hand, recognizes the right of the people of Southern Sudan to self-determination and seek to make unity attractive during the Interim Period, and at the same time is inspired by the realities of the country and is founded on the values of justice, democracy, good governance, respect for the fundamental rights and freedoms of the individual, mutual understanding and tolerance of diversity within Sudan as a whole;

Page 3, (3) Wealth Sharing mechanisms which recognize the interests and needs of the various states, the south and the Sudan as a whole, and further, that the objective of the system of wealth sharing shall be the development, delivery of essential services and sustenance of justice and peace for and between the citizens of Sudan as well as the reconstruction of the war affected areas, as elaborated in the Agreement on Wealth Sharing During the Pre-Interim and Interim Period, dated 7th January, 2004;

Page 3, (4) Power Sharing arrangements inspired by the need for democracy, respect for human rights, justice, the devolution of powers to the states and to the Government of Southern Sudan, good governance at all levels, and a National Government vested with appropriate powers to act in the interests of all Sudanese, as agreed in the Protocol Between the Government of Sudan and the Sudan People’s Liberation Movement on Power Sharing, dated 26th May, 2004;

Page 4, THEREFORE SOLEMNLY UNDERTAKE to finalize negotiations and resolve these details in as short a time as possible, and that they will spare no effort to ensure that the commitments expressed therein are fully respected in order to guarantee lasting peace, security for all, justice and equality in Sudan.
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: Rights related issues→Citizenship→Citizen, general
Page 3, (3) Wealth Sharing mechanisms which recognize the interests and needs of the various states, the south and the Sudan as a whole, and further, that the objective of the system of wealth sharing shall be the development, delivery of essential services and sustenance of justice and peace for and between the citizens of Sudan as well as the reconstruction of the war affected areas, as elaborated in the Agreement on Wealth Sharing During the Pre-Interim and Interim Period, dated 7th January, 2004 ;
Democracy: Page 1, Preamble
IN PURSUANCE OF the commitment of the Parties to a negotiated settlement on the basis of a democratic system of governance which, on the one hand, recognizes the right of the people of Southern Sudan to self-determination and seek to make unity attractive during the Interim Period, and at the same time is inspired by the realities of the country and is founded on the values of justice, democracy, good governance, respect for the fundamental rights and freedoms of the individual, mutual understanding and tolerance of diversity within Sudan as a whole;

Page 3, (4) Power Sharing arrangements inspired by the need for democracy, respect for human rights, justice, the devolution of powers to the states and to the Government of Southern Sudan, good governance at all levels, and a National Government vested with appropriate powers to act in the interests of all Sudanese, as agreed in the Protocol Between the Government of Sudan and the Sudan People’s Liberation Movement on Power Sharing, dated 26th May, 2004;
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: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, Preamble
AWARE of the fact that peace, stability, and development are aspirations shared by all people of the Sudan,

Page 2, Preamble
REITERATE their determination to continue resolving the root causes of the conflict and violence in Sudan which inflict hardship and suffering on the people of Sudan and seriously hampers the prospects for economic development and the attainment of social justice in Sudan;

Page 3, (3) Wealth Sharing mechanisms which recognize the interests and needs of the various states, the south and the Sudan as a whole, and further, that the objective of the system of wealth sharing shall be the development, delivery of essential services and sustenance of justice and peace for and between the citizens of Sudan as well as the reconstruction of the war affected areas, as elaborated in the Agreement on Wealth Sharing During the Pre-Interim and Interim Period, dated 7th January, 2004 ;

Page 4, THE PARTIES UNDERTAKE during this final phase to conclude the permanent Ceasefire Agreement within the framework of the Agreement on Security Arrangements During the Interim Period, signed on 25th September, 2003, as well as the modalities of implementing the Comprehensive Peace Agreement, including regional and international guarantees, in order to usher in a new era of peace, security, and development in the Sudan.

Page 5, THE PARTIES JOINTLY APPEAL to the Regional and International Community to continue their unwavering support to the Sudan Peace Process at this final phase, and further appeal to avail resources for necessary and urgent programmes and activities of the transition to peace, and the programmes of The Joint Assessment Mission (JAM) and The Joint National Transitional Team (JNTT).
Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 3, (3) Wealth Sharing mechanisms which recognize the interests and needs of the various states, the south and the Sudan as a whole, and further, that the objective of the system of wealth sharing shall be the development, delivery of essential services and sustenance of justice and peace for and between the citizens of Sudan as well as the reconstruction of the war affected areas, as elaborated in the Agreement on Wealth Sharing During the Pre-Interim and Interim Period, dated 7th January, 2004 ;
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 5, THE PARTIES JOINTLY APPEAL to the Regional and International Community to continue their unwavering support to the Sudan Peace Process at this final phase, and further appeal to avail resources for necessary and urgent programmes and activities of the transition to peace, and the programmes of The Joint Assessment Mission (JAM) and The Joint National Transitional Team (JNTT).
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 3, (2) Security arrangements which properly recognize that in the interests of sustaining the Agreement during the Interim Period, there will be integrated units as well as the retention of their respective armed forces under arrangements which guarantee both security and stability in Sudan, as set forth in the Agreement on the Security Arrangements During the Interim Period of 25th September, 2003;

Page 4, THE PARTIES UNDERTAKE during this final phase to conclude the permanent Ceasefire Agreement within the framework of the Agreement on Security Arrangements During the Interim Period, signed on 25th September, 2003, as well as the modalities of implementing the Comprehensive Peace Agreement, including regional and international guarantees, in order to usher in a new era of peace, security, and development in the Sudan.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 2, Preamble
THE PARTIES FURTHER COMMIT themselves to the strict observance of the Memorandum of Understanding on Cessation of Hostilities, dated 15th October, 2002 and its related Addendum creating a Verification and Monitoring Mechanism, dated 4th February 2003 until the final Ceasefire Agreement is put in place;

Page 4, THE PARTIES JOINTLY AGREE that the Protocols and Agreements already signed, together with the Annexes that remain to be negotiated on the Permanent Ceasefire Arrangements and the Agreement on the Modalities of Implementation of the Agreement that shall also include regional and international guarantees, shall constitute the Comprehensive Peace Agreement, which, when signed, shall initiate the Pre-Interim Period;

Page 4, THE PARTIES UNDERTAKE during this final phase to conclude the permanent Ceasefire Agreement within the framework of the Agreement on Security Arrangements During the Interim Period, signed on 25th September, 2003, as well as the modalities of implementing the Comprehensive Peace Agreement, including regional and international guarantees, in order to usher in a new era of peace, security, and development in the Sudan.
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: No specific mention.
Related cases: No specific mention.
Source: Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.

THE NAIROBI DECLARATION ON THE FINAL PHASE OF PEACE IN THE SUDAN

State House, Nairobi:

Saturday 5th June, 2004

WHEREAS the Government of the Republic of the Sudan (GOS) and the Sudan People's Liberation Movement/Sudan People's Liberation Army (SPLM/A) (referred to as the Parties), having met in continuous negotiations between May 2002 and May 2004, in Machakos, Karen, Nairobi, Nakuru, Nanyuki, and Naivasha, Kenya, under the auspices of the Inter-Governmental Authority on Development (IGAD) Peace Process, and, in respect of the issues related to the Conflict Areas of Southern Kordofan/Nuba Mountains and Blue Nile States, and Abyei Area, under the auspices of the Government of the Republic of Kenya, and

IN PURSUANCE OF the commitment of the Parties to a negotiated settlement on the basis of a democratic system of governance which, on the one hand, recognizes the right of the people of Southern Sudan to self-determination and seek to make unity attractive during the Interim Period, and at the same time is inspired by the realities of the country and is founded on the values of justice, democracy, good governance, respect for the fundamental rights and freedoms of the individual, mutual understanding and tolerance of diversity within Sudan as a whole;

THE PARTIES NOW RECONFIRM their agreement on the following texts:

Machakos Protocol, dated 20th July, 2002;

Agreement on Security Arrangements During the Interim Period, dated 25th September, 2003;

the Agreement on Wealth Sharing During the Pre-Interim and Interim Period, dated 7th January, 2004, Protocol Between the Government of Sudan and the Sudan People’s Liberation Movement on Power Sharing, dated 26th May, 2004, Protocol Between the Government of Sudan and the Sudan People’s Liberation Movement on the Resolution of Conflict In Southern

Kordofan/Nuba Mountains and Blue Nile States, dated 26th May, 2004;

and Protocol Between the Government of Sudan and the Sudan People's Liberation Movement on the Resolution of the Conflict in Abyei Area, dated 26th May, 2004;

and

THE PARTIES FURTHER COMMIT themselves to the strict observance of the Memorandum of Understanding on Cessation of Hostilities, dated 15th October, 2002 and its related Addendum creating a Verification and Monitoring Mechanism, dated 4th February 2003 until the final Ceasefire Agreement is put in place;

PLEDGE their commitment to conclude a peaceful, durable, negotiated solution to the long-standing conflict in the Sudan;

MINDFUL of the urgent need to bring peace and security to the people of the Sudan who have endured conflict and suffering for far too long;

DETERMINED to set aside their differences in order to work together for the realization of the interests of all the people of Sudan;

AWARE of the fact that peace, stability, and development are aspirations shared by all people of the Sudan,

REITERATE their determination to continue resolving the root causes of the conflict and violence in Sudan which inflict hardship and suffering on the people of Sudan and seriously hampers the prospects for economic development and the attainment of social justice in Sudan;

EXPRESS THEIR DEEP APPRECIATION for the persistent efforts of the Facilitators, the IGAD Member States, and the international community in assisting the people of the Sudan to return to peace and stability,

ACKNOWLEDGE that the protocols heretofore mentioned, envisage:

(1) The resolution of the status of State and Religion and the Right of Self- Determination for the people of South Sudan as set forth in the Machakos Protocol of 20th July 2002;

(2) Security arrangements which properly recognize that in the interests of sustaining the Agreement during the Interim Period, there will be integrated units as well as the retention of their respective armed forces under arrangements which guarantee both security and stability in Sudan, as set forth in the Agreement on the Security Arrangements During the Interim Period of 25th September, 2003;

(3) Wealth Sharing mechanisms which recognize the interests and needs of the various states, the south and the Sudan as a whole, and further, that the objective of the system of wealth sharing shall be the development, delivery of essential services and sustenance of justice and peace for and between the citizens of Sudan as well as the reconstruction of the war affected areas, as elaborated in the Agreement on Wealth Sharing During the Pre-Interim and Interim Period, dated 7th January, 2004 ;

(4) Power Sharing arrangements inspired by the need for democracy, respect for human rights, justice, the devolution of powers to the states and to the Government of Southern Sudan, good governance at all levels, and a National Government vested with appropriate powers to act in the interests of all Sudanese, as agreed in the Protocol Between the Government of Sudan and the Sudan People’s Liberation Movement on Power Sharing, dated 26th May, 2004;

(5) Understandings on the administration, popular consultation, and related matters in respect of the two conflict areas of Southern Kordofan/Nuba Mountains and Blue Nile States, which agreements are set out in the

Protocol Between the Government of Sudan and the Sudan People’s Liberation Movement on the Resolution of Conflict In Southern Kordofan/Nuba Mountains and Blue Nile States, dated 26th May, 2004;

and

(6) Agreement on the administration and mechanism for a referendum in Abyei Area entitled Protocol Between the Government of Sudan and the Sudan People's Liberation Movement on the Resolution of the Conflict in Abyei Area, dated 26th May, 2004.

THE PARTIES JOINTLY AGREE that the Protocols and Agreements already signed, together with the Annexes that remain to be negotiated on the Permanent Ceasefire Arrangements and the Agreement on the Modalities of Implementation of the Agreement that shall also include regional and international guarantees, shall constitute the Comprehensive Peace Agreement, which, when signed, shall initiate the Pre-Interim Period;

and

THEREFORE SOLEMNLY UNDERTAKE to finalize negotiations and resolve these details in as short a time as possible, and that they will spare no effort to ensure that the commitments expressed therein are fully respected in order to guarantee lasting peace, security for all, justice and equality in Sudan.

THE PARTIES RECONFIRM, in signing below and before the witnesses here present, their commitment to implement the above-mentioned agreements and to engage fully in the final phase of the Sudan Peace Process which will resume on 22nd June, 2004.

THE PARTIES UNDERTAKE during this final phase to conclude the permanent Ceasefire Agreement within the framework of the Agreement on Security Arrangements During the Interim Period, signed on 25th September, 2003, as well as the modalities of implementing the Comprehensive Peace Agreement, including regional and international guarantees, in order to usher in a new era of peace, security, and development in the Sudan.

WITH THIS DECLARATION THE PARTIES HEREBY launch the final phase for the Sudan Peace Process following the signing of the six Protocols and Agreements which resolved all the issues of the Conflict in the Sudan.

THE PARTIES JOINTLY APPEAL to the Regional and International Community to continue their unwavering support to the Sudan Peace Process at this final phase, and further appeal to avail resources for necessary and urgent programmes and activities of the transition to peace, and the programmes of The Joint Assessment Mission (JAM) and The Joint National Transitional Team (JNTT).

______________________________ ____________________________________ H.E. Ali Osman Mohamed Taha

First Vice-President of the Government Liberation

of the Republic of the Sudan

Dr. John Garang de Mabior

Chairman of the Sudan People’s Movement (SPLM)

_________________________________________

WITNESSED BY:

Hon.

Stephen Kalonzo Musyoka

Minister for Foreign Affairs of the Republic of Kenya and on behalf of the IGAD Ministerial Sub-Committee on Sudan