Humanitarian Ceasefire Agreement on the Conflict in Darfur

• Country/entity

  Sudan
  Darfur
  
• Region

  Africa (excl MENA)
  Africa (excl MENA)
  
• Agreement name

  Humanitarian Ceasefire Agreement on the Conflict in Darfur
• Date

  8 Apr 2004
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Intrastate/intrastate conflict ( Sudan Conflicts (1955 - ) )
• Stage

  Ceasefire/related
• Conflict nature

  Government/territory
• Peace process

  Darfur-Sudan peace process
• Parties

  For the Sudan Liberation Movement/Army (SLM/A): Mini Arkou Minawi, Secretary General; For the Government of the Sudan (GOS): Acherif Ahmad Oumar Badour, Minister for Investment; For the Sudanese Justice and Equality Movement (SJEM): Nasradine Hussein Diffallah, President
• Third parties

  [Note: Preamble also mentions that agreement was under the auspices of Idriss Deby, President of the Republic of Chad assisted by the Chairperson of the Commission of the African Union]
  
  For the Tchadian Mediation: Nagoum Yamassoum, Minister of State, Minstry of Foreign Affairs and African Integration; For the African Union: Sam B. Ibok, Representative of the Chairperson of the Commission; Mahamat Saleh Hamid, Deputy Secretary General
• Description

  An agreement by the parties to establish a temporary cessation of hostilities, and to commit to future dialogue to achieve a sustainable settlement for Darfur. Appendix incorporates Protocol on Establishing a Humanitarian Assistance in Darfur, with supporting principles and specific provisions regarding the humanitarian assistance. The Agreement and its Appendix are later incorporated into the Darfur Peace Agreement.

• Agreement document

  SD_040408_Humanitarian Ceasefire Agmt on Darfur.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

HUMANITARIAN CEASE FIRE AGREEMENT ON THE CONFLICT IN DARFUR

Under the auspices of His Excellency Idriss Deby, President of the Republic of Chad, Head of State, assisted by the Chairperson of the Commission of the African Union, and in the presence of International Observers and Facilitators, The Government of the Republic of Sudan, the Sudan Liberation Movement/Army and the Sudan Justice and Equality Movement;

hereinafter, known as the Parties, have agreed on the following:

Political Preamble

Convinced of the necessity of the establishment in Darfur of a democratic political culture to guarantee to the populations of the region their political, economic and social rights;

Convinced that only a global, just and durable solution negotiated peacefully can resolve the problems in Darfur;

Convinced that a mechanism for a political solution should be envisaged as soon as possible;

1. The parties undertake to join their efforts in order to establish a global and definite peace in Darfur;

2. The parties agree to meet under the auspices of the Tchadian mediator in a period not exceeding two weeks, to negotiate a definitive settlement of the conflict and to discuss solutions to the problems of Darfur, with a view to finding a definite and global settlement in the framework of a conference between all the representatives of Darfur, especially in relation to its socio-economic development.

3. The parties undertake to create a conducive environment for negotiations and to cease all hostile media campaigns.

Humanitarian Questions

- Agreeing on the fact that any peaceful and durable settlement of the problem of Darfur can be achieved only through frank and sincere dialogue,

- Determined to give up the use of force as means of settling the problem of Darfur,

Article 1:

The parties decide on the cessation of hostilities between them and specifically proclaim a cease-fire for a period of 45 days automatically renewable except if opposed by one of the parties.

The ceasefire will be effective on land, and air, to allow on one hand, a fast and unrestricted humanitarian access to the needy populations of Darfur and on the other hand, to arrive at a just and durable solution to the problem of Darfur;

Article 2:

The cessation of hostilities between all the forces of the parties will be effective 72 hours after the signing of the Agreement.

During the cease-fire, each party shall:

- Refrain from any recruitment operations;

- refrain from any military action, and any reconnaissance operations

- disengage and refrain from any deployment, movement or action which could extend the territory under its control or which could lead to a resumption of hostilities;

- Stop laying landmines;

mark and sign post any danger areas and mine fields;

- Refrain from supplying or acquiring arms and ammunitions;

- Refrain from any act of violence or any other abuse on civilian populations;

- Stop any act of sabotage;

- Stop any restriction on the movement of goods and people;

- Stop any form of hostile act, including hostile propaganda;

- Ensure humanitarian access;

- Refrain from any military activity which, from the opinion of the cease-fire Commission or the Joint Commission, could endanger the cease-fire;

Article 3:

The parties shall establish a Cease-fire Commission composed of 2 high ranking officers from the Parties, the Tchadian mediation and the international community in accordance with the sovereignty of the Sudan.

Article 4:

The mandate of the cease fire Commission shall consist of:

- planning, verifying and ensuring the implementation of the rules and provisions of the cease fire;

defining the routes for the movement of force in order to reduce the risks of incidents;

The administrative movements shall be notified to the Cease-Fire commission.

- assist with demining operations;

- receiving, verifying, analyzing, and judging complaints related to the possible violations of the cease fire;

- developing adequate measures to guard against such incidents in the future violations

- the parties shall provide the head of the Ceasefire Commission, or his designated representative, immediately upon request information required for the implementation of the Agreement on the understanding that the information will be held confidentially.

- the parties shall give Ceasefire Commission and its personnel unrestricted access throughout Darfur;

- Determine clearly, the sites occupied by the combatants of the armed opposition and verify the neutralization of the armed militias.

The Cease Fire Commission shall report to a Joint Commission composed of the parties, the Tchadian mediation and the international community.

Article 5:

The parties have decided to free all the prisoners of war and all other persons detained because of the armed conflict in Darfur;

Article 6:

The parties shall ensure that all armed groups under their control comply with this Agreement.

The Sudanese Government shall commit itself to neutralize the armed militias.

Article 7 The parties have agreed to meet as soon as possible under the auspices of the Tchadian mediation and the international community to discuss pending points, notably about setting up the Joint Commission and the Cease fire Commission mentioned in article 3 and 4 of the present agreement;

Article 8:

The parties undertake to facilitate the delivery of humanitarian assistance and the creation of conditions favorable to supplying emergency relief to the displaced persons and other civilian victims of war and this, wherever they are in the DARFUR region, in accordance with the appendix attached to the present Agreement;

Article 9:

In case of non respect of the clauses of this Agreement by one of the Parties, the other party will refer such a case to the Cease Fire Commission and if necessary the Joint Commission;

Article 10:

This Agreement can be amended by agreement of the parties with the consent of the Cease Fire Commission.

The parties may agree to renew this Agreement for an additional 45 days not later than 21 days before the expiry of the Agreement.

Any Party may notify the Cease-Fire Commission of its intention for renewal and if the parties agree, this Agreement shall be extended for an additional two months period;

Article 11:

The Agreement shall take effect as from its date of signature.

It is drafted in Arabic, in French and in English, all three texts being equally authentic.

Done at N’djamena, this 8th Day of April, 2004.

For the Sudan Liberation Movement/Army For the Government of the Sudan

(SLM/A) (GOS)

…...................................................

ACHERIF AHMAD OUMAR BADOUR Minister for Investment

......................................

MINI ARKOU MINAWI

Secretary General

For the Sudanese Justice and Equality Movement For the Tchadian Mediation

(SJEM)

…..................................................................... …...........................................

NASRADINE HUSSEIN DIFFALLAH NAGOUM YAMASSOUM

President Minister of State, Ministry of Foreign Affairs

and African Integration

For the African Union

….....................................................................

MAHAMAT SALEH HAMID

…..............................................

SAM B. IBOK

Representative of the Chairperson of the Commission