Agreement of Goodwill and Confidence Building for the Settlement of the Problem in Darfur

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Country/entity: Sudan
Darfur
Region: Africa (excl MENA)
Agreement name: Agreement of Goodwill and Confidence Building for the Settlement of the Problem in Darfur
Date: 17 Feb 2009
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: Darfur-Sudan peace process
Parties: For the Sudan Government of National Unity, Dr. Amin Hassan Omer, Minister of State, Ministry of Culture, Youth and Sports;
For the Justice and Equality Movement Sudan (JEM), Dr. Gebreil Ibrahim Mohamed, Head of the JEM delegation to the Doha talks;
Third parties: Witnessed by:
Ahmed bin Abdulla Al-Mahmoud Minister of State for Foreign Affairs and Member of the Cabinet, State of Qatar;
Djbrill Yipene Bassole, AU-UN Joint Chief Mediator for Darfur;
Description: Short agreement committing the parties to resolving the conflict in Darfur, including working towards a framework agreement.

Agreement document: SD_090217_Agreement of Good Will and Confidence.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: Groups→Refugees/displaced persons→Rhetorical
Page 1, The two Parties hereby:
Fourthly: Declare their intent to work towards ending the ongoing conflict between them, as follows:
...
3. Agree to take all necessary measures to create a conducive environment for reaching a lasting settlement of the conflict, including:
a) Refrain from all kinds of harassment of IDPs.
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: Page 1, The two Parties hereby:
Fourthly: Declare their intent to work towards ending the ongoing conflict between them, as follows:
...
3. Agree to take all necessary measures to create a conducive environment for reaching a lasting settlement of the conflict, including:
...
b) Guarantee the smooth and unobstructed flow of relief assistance to the needy people without any obstacles or constraints.
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: No specific mention.
Mobility/access: Page 1, The two Parties hereby:
Fourthly: Declare their intent to work towards ending the ongoing conflict between them, as follows:
...
3. Agree to take all necessary measures to create a conducive environment for reaching a lasting settlement of the conflict, including:
...
b) Guarantee the smooth and unobstructed flow of relief assistance to the needy people without any obstacles or constraints.
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, The two Parties hereby:
Fourthly: Declare their intent to work towards ending the ongoing conflict between them, as follows:
...
3. Agree to take all necessary measures to create a conducive environment for reaching a lasting settlement of the conflict, including:
...
b) Guarantee the smooth and unobstructed flow of relief assistance to the needy people without any obstacles or constraints.
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 1, The two Parties hereby:
Fourthly: Declare their intent to work towards ending the ongoing conflict between them, as follows:
...
1. Give the peace process a strategic priority over other issues to settle the conflict in Darfur;
2. Agree to adopt a comprehensive approach which addresses the root-causes of the problem and realizes a lasting peace in the country.

Page 2, The two Parties hereby:
4. Work towards an early framework agreement that leads to cessation of hostilities and lay down the basis for detailed issues.

Page 2, The two Parties hereby:
5. Undertake to follow the framework agreement with serious talks to end the conflict in the shortest possible time, not to exceed three months.
Ceasefire: Security sector→Ceasefire→General commitments
Page 2, The two Parties hereby:
4. Work towards an early framework agreement that leads to cessation of hostilities and lay down the basis for detailed issues.
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: Page 2, The two Parties hereby:
Fourthly: Declare their intent to work towards ending the ongoing conflict between them, as follows:
...
3. Agree to take all necessary measures to create a conducive environment for reaching a lasting settlement of the conflict, including:
...
c) Commit to exchange prisoners and release imprisoned, convicted, detained and arrested persons in relation to the conflict between them with a view to building confidence and accelerating the peace process. The State of Qatar and the AU-UN Joint Chief Mediator will maintain contacts with both parties to workout a time-line for concluding the release of the above-mentioned.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1, The two Parties hereby:
Fourthly: Declare their intent to work towards ending the ongoing conflict between them, as follows:
...
2. Agree to adopt a comprehensive approach which addresses the root-causes of the problem and realizes a lasting peace in the country.

Implementation

UN signatory: Witnessed by:
Djbrill Yipene Bassole, AU-UN Joint Chief Mediator for Darfur;
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: UN Peacemaker
http://peacemaker.un.org/
http://peacemaker.un.org/sudan-goodwill-darfur2009

In the name of God, the Most Compassionate, the most Merciful

Agreement of Good will and Confidence Buidling for the Settlement of the Problem in Darfur

Under the kind auspices of the State of Qatar and the AU-UN Joint Cheif Mediator for Darfur, a meeting was convened from 10th to 17th of February 2009 in Doha, capital of the State of Qatar between a delegation from the Government of National Unity of the Republic of Sudan (GNU) and a delegation from teh Justice and Equality Movement Sudan (JEM) to pursue a negotiated peaceful settlement for the Sudan Conflcit in Darfur

The Two parties hereby:

Firstly:

Highligh Appreciated the role of the state of Qatar as the Host Country and agree upon Doha as the venue for the talks between them.

Secondly:

Appreciate the kind auspices by H.H. Sheikh Hamad bin Khalifa al-Tahni, Emir of the State of Qatar and the mediation by the esteemed Government of the State of Qatar and the AU-UN Joint Cheif Mediator, Mr Djibril Bassole;

Thirdly:

Recognise the constructive support to the peace process provided by neighbouring counties and the international community;

Fourthly;

Declare their intent to work towards ending the ongoing conflict between them, as follows;

1. Give the peace process a strategic priority over other issues to settleme the conflict in Darfur;

2. Agree to adopt a compehensive approach which addresses the root-causes of the problem and realizes a last peace in the country.

3. Agree to take all necessary measure to create a conducive environment for reaching a lasting settlement of the conflcit including;

a) refrain from all kinds of harassment of IDPs

b) Guarantee the smooth and unobstructed flow of relief assistance to the needy people without any obstacles or constraints.

c) Commit to exchange prisoners and release imprisoned, convicted, detained ans arrested persons in relation to the conflict between them with a view to building confidence and accelerating the peace process.

The State of Qatar and AU-UN Joint Chief Mediator will maintain contacts with both parties to workout a time-line for concluding the release of the above-mentioned.

4. Work towards an early framework agreement that leads to cessation of hostilities and lay down the basis for detailed issues.

5. Undertake to follow the framework agreement with serious talks to end the conflict in the shortest possible time, not to exceed three months.

6. Pledge to remain engaged in the peace process and to maintain representatives in Doha to prepare a frameowkr agreement for the final talks.

Done in three languages in Arabic, English and French, all texts are equally authentic.

Signed in Doha on 17th February 2009

For the Sugan Government of National Unity

Dr. Man Hassan Omer, Minister of State, Ministry of Culture, Youth and Sports

For the Justice and Equality Movement Sudan (JEM)

Dr. Gebreil Ibrahim Mohamed, Head of the JEM delegation to the Doha talks

Witnessed by;

Ahmed bin Abdulla al-Mahmoud, Minister of State for Foreign Affairs and Member of the Cabinet, State of Qatar

Djibrill Yipene Bassole, AU-UN Joint Chief Mediator for Darfur.