Mekelle Memorandum of Understanding between the NCP and the SPLM on Post-referendum Issues and Arrangements

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Country/entity
South Sudan
Sudan
Region
Africa (excl MENA)
Africa (excl MENA)
Agreement name
Mekelle Memorandum of Understanding between the NCP and the SPLM on Post-referendum Issues and Arrangements
Date
22 Jun 2010
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Sudan Conflicts (1955 - ) )
Stage
Pre-negotiation/process
Conflict nature
Government/territory
Peace process
Sudanese (North-South) peace process
Parties
The National Congress Party; Sudan People's Liberation Movement
Third parties
-
Description
An Agreement by the parties on arrangements for negotiations after the 2011 referendum on self-determination for the people of Southern Sudan. These arrangements establish the overall structure of the negotiations as well as the issues to be discussed, which include citizenship, security, financial, economic, and natural resources, and international treaties and legal issues. The parties agreed that public briefings of the negotiations would be made jointly, and that the arrangements would be facilitated by the AUHIP, with support from IGAD, IGAD partner's forum, and the UN.

Agreement document
SD_100622_Mekelle MoU between NCP and SPLM on Post-Referendum Issues.pdf | 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)
No specific mention.
State configuration
No specific mention.
Self determination
Page 1, The NCP and SPLM representing the parties to the CPA, and here-in-after referred to as the parties, met in Mekelle, Ethiopia from 21st-22nd June, 2010 to explore the modalities for discussion of post-2011 referendum issues and arrangements on self-determination for the people of Southern Sudan, in accordance with the provisions of 67 of the Southern Sudan Referendum Act, 2009, and agreed as follows: [...]
Referendum
[Agreement in its entirety pertains to negotiations to be undertaken post-2011 Referendum]
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
No specific mention.
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
Rights related issues→Citizenship→Citizen, general
Page 1, 2. Clusters and Sequencing of Issues
2.1. The parties agreed to cluster the post-2011 referendum Negotiations into four working groups to collectively address the issues listed in section 67 of the Southern Sudan Referendum Act, 2009, as follows:
a. Citizenship
Democracy
No specific mention.
Detention procedures
No specific mention.
Media and communication
Rights related issues→Media and communication→Other
Page 1, 3. Media
Press statements and public briefings pertaining to the Negotiations shall be jointly made by both Parties.
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 1, 2. Clusters and Sequencing of Issues
2.1. The parties agreed to cluster the post-2011 referendum Negotiations into four working groups to collectively address the issues listed in section 67 of the Southern Sudan Referendum Act, 2009, as follows: [...]
c. Financial, economic and natural resources
...
National economic plan
No specific mention.
Natural resources
Page 1, 2. Clusters and Sequencing of Issues
2.1. The parties agreed to cluster the post-2011 referendum Negotiations into four working groups to collectively address the issues listed in section 67 of the Southern Sudan Referendum Act, 2009, as follows: [...]
c. Financial, economic and natural resources
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, 2. Clusters and Sequencing of Issues
2.1. The parties agreed to cluster the post-2011 referendum Negotiations into four working groups to collectively address the issues listed in section 67 of the Southern Sudan Referendum Act, 2009, as follows: [...]
b. Security
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
No specific mention.
Related cases
No specific mention.
Source
Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.

ME KELLE MEMORANDUM OF UNPERSTANDING BETWEEN THE NCP AND SPLM ON POST-REFERENDUM ISSUES AND ARRANGEMENTS

The NCP and SPLM representing the parties to the CPA, and here-in-after referred to as the parties, met in Mekelle, Ethiopia from 21st - 22nd June, 2010 to explore the modalities for discussion of post-2011 referendum issues and arrangements on self determination for the people of Southern Sudan in accordance with the provisions of section 67 of the Southern Sudan Referendum Act, 2009, and agreed as follows:

I. STRUCTURE OF THE NEGOTIATIONS

1.1 The parties agree that the negotiation on post-2011 referendum issues and arrangements shall be conducted and led by NCP/SPLM Joint Negotiation Team composed of six members from each side.

1 .. 2 The parties agree that the negotiations on post-2011 referendum issues and arrangements shall be facilitated by the AUHIP supported by IGAD, IGAD partner's forum and the UN.

The parties shall determine the terms of reference for the facilitator.

1.3 The negotiations on post-2011 referendum issues and arrangements shall be supported by a full time Joint Technical Secretariat composed of six members that shall coordinate and liaise with the AEC Secretariat.

The AEC shall provide administrative support to the Joint Technical Secretariat as per the terms of reference to be agreed by the two parties ..

2. CLUSTERS AND SEQUENCING OF ISSUES

2.1 The parties agreed to cluster the post-2011 referendum Negotiations into tour working groups to collectively address the issues listed in section 67 of the Southern Sudan Referendum Act, 2009 as follows:

a. Citizenship

b Security

c. Financial, economic and natt1ral resources

d. International Treaties and Legal Issues

2.2 All Working Groups shall be composed of 3-5 principal negotiators from each party including the two co-chairs and a deputy, and with each working group assisted by a number of technical experts as may be decided by each group.

3.MEDIA

Press statements and public briefings pertaining to the Negotiations shall be jointly made by both parties..