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)
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 - )
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: 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 (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): 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..