Framework Agreement to Resolve the Conflict in Darfur between the Government of Sudan and the JEM

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Country/entity: Sudan
Darfur
Region: Africa (excl MENA)
Agreement name: Framework Agreement to Resolve the Conflict in Darfur between the Government of Sudan and the JEM
Date: 23 Feb 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: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Darfur-Sudan peace process
Parties: For the Government of Sudan (GoS): Dr. Amin Hassan Omer, Minister of State, Ministry of Culture, Youth and Sports;
For the Justice and Equality Movement Sudan (JEM): Ahmed Mohammed Togud Lissan, Secretary for Negotiations and Peace Affairs;
Third parties: Witnessed by:
For the State of Qatar: Ahmed bin Abdullah Al-Mahmoud, Minister of State for Foreign Affairs and Member of the Cabinet;
For the AU-UN Mediation: Djbrill Yipene Bassole, Joint Chief Mediator;
Description: A short framework agreement committing the parties to an immediate ceasefire, integration of JEM forces into the Sudanese military, and committing the parties to further negotiations on the issues of administrative reorganization, wealth-sharing, and further non-disclosed issues.

Agreement document: SD_100223_Framework GoS JEM.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 2, Article (8)
The Government of Sudan (GOS) shall commit itself to fairly compensate the refugees, and displaced persons and all those who have been affected by the conflict in Darfur and shall also commit itself to ensuring the right of voluntary return for the refugees and displaced persons to their original areas and establish service providing institutions and infrastructure with a view to securing a decent life for them.
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,
...Being keen to achieve a just and durable peace to the entire national Sudanese territories, particularly to the Darfur region, and to maintain the Unity of Sudan.

Page 1, Preamble,
...Being desirous to work towards a balance development to the Sudanese nation which relies on the diversity and idiosyncrasy of the different Sudanese regions with a view to ensuring socio-economic progress for all, and full exercising of fundamental freedoms, based on equality among citizens.
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 2, Article (4),
The Justice and Equality Movement Sudan (JEM) shall immediately be transformed into a political party upon signing the comprehensive and final peace agreement.
Traditional/religious leaders: No specific mention.
Public administration: Page 2, Article (7)
All military and civil personnel of the Equality and Justice Movement Sudan fired from service shall be reinstated to their equal ranks in such a manner as to be agreed upon by the two parties.

Page 2, Article (9)
The issue of administrative reorganization in Darfur shall be subject to negotiation between the two parties with a view to concluding a final agreement.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Page 2, Article (3),
Participation of the Justice and Equality Movement Sudan in power at all levels of governance in accordance with an approach to be agreed upon by the two sides.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 2, Article (9)
The issue of administrative reorganization in Darfur shall be subject to negotiation between the two parties with a view to concluding a final agreement.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 3, Article (10)
The issue of wealth-sharing shall be subject to negotiation between the two parties with a view to concluding a final agreement. Also, the same applies to issues of land and (Hawakir) and any other issues conducive to peace and deemed to be necessary by the parties for the completion of issues of a global peace agreement.
Military power sharing: Power sharing→Military power sharing→Merger of forces
Page 2, Article (5),
Integration of the forces of the Justice and Equality Movement Sudan in the Armed Forces and the consolidated Security and Police Forces according to what is agreed on by the two parties, this procedures shall be preceded by deploying and training these forces in such locations and according to such a mechanism as to be agreed upon by the two parties.

Page 2, Article (6)
The Government of Sudan (GOS) shall bear all necessary expenses of the Forces of the Justice and Equality Movement Sudan (JEM) during the deployment and training period thereof.

Page 2, Article (7)
All military and civil personnel of the Equality and Justice Movement Sudan fired from service shall be reinstated to their equal ranks in such a manner as to be agreed upon by the two parties.

Human rights and equality

Human rights/RoL general: Page 1, Preamble,
[...] Being desirous to work towards a balance development to the Sudanese nation which relies on the diversity and idiosyncrasy of the different Sudanese regions with a view to ensuring socio-economic progress for all, and full exercising of fundamental freedoms, based on equality among citizens.
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→Citizens, specific rights
Page 1, Preamble,
...Being desirous to work towards a balance development to the Sudanese nation which relies on the diversity and idiosyncrasy of the different Sudanese regions with a view to ensuring socio-economic progress for all, and full exercising of fundamental freedoms, based on equality among citizens.
Democracy: No specific mention.
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: Page 3, Article (10)
The issue of wealth-sharing shall be subject to negotiation between the two parties with a view to concluding a final agreement. Also, the same applies to issues of land and (Hawakir) and any other issues conducive to peace and deemed to be necessary by the parties for the completion of issues of a global peace agreement.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 2, Article (8)
The Government of Sudan (GOS) shall commit itself to fairly compensate the refugees, and displaced persons and all those who have been affected by the conflict in Darfur and shall also commit itself to ensuring the right of voluntary return for the refugees and displaced persons to their original areas and establish service providing institutions and infrastructure with a view to securing a decent life for them.
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: Land, property and environment→Land reform/rights→Other land rights
Page 3, Article (10)
The issue of wealth-sharing shall be subject to negotiation between the two parties with a view to concluding a final agreement. Also, the same applies to issues of land and (Hawakir) and any other issues conducive to peace and deemed to be necessary by the parties for the completion of issues of a global peace agreement.
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: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, Article (1),
Announcement of a ceasefire and the immediate initiation of negotiations in order to agree on the enforcement of the same.
Police: No specific mention.
Armed forces: Page 2, Article (5),
Integration of the forces of the Justice and Equality Movement Sudan in the Armed Forces and the consolidated Security and Police Forces according to what is agreed on by the two parties, this procedures shall be preceded by deploying and training these forces in such locations and according to such a mechanism as to be agreed upon by the two parties.

Page 2, Article (7)
All military and civil personnel of the Equality and Justice Movement Sudan fired from service shall be reinstated to their equal ranks in such a manner as to be agreed upon by the two parties.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Preamble,
...Taking into consideration the Interim Constitution of the Republic of the Sudan, the Comprehensive Peace Agreement (CPA) signed in Naivasha in January 2005, and the Agreement of Good Will and Confidence Building for the settlement of the problem in Darfur, signed in Doha on 17 February 2009 between the Government of National Unity and the Justice and Equality Movement Sudan, and

Page 1, Preamble,
...Convinced of the genuine desire shown by the Government of Sudan (GOS) and the Justice and Equality Movement Sudan (JEM),

Page 2, Article (2),
Issuance of a general amnesty for the civil and military members of the Justice and Equality Movement Sudan (JEM), and the release of the war prisoners and convicted persons from both sides, after the final signing of this Agreement.

Page 2, Article (4),
The Justice and Equality Movement Sudan (JEM) shall immediately be transformed into a political party upon signing the comprehensive and final peace agreement.

Page 2, Article (5),
Integration of the forces of the Justice and Equality Movement Sudan in the Armed Forces and the consolidated Security and Police Forces according to what is agreed on by the two parties, this procedures shall be preceded by deploying and training these forces in such locations and according to such a mechanism as to be agreed upon by the two parties.

Page 2, Article (6)
The Government of Sudan (GOS) shall bear all necessary expenses of the Forces of the Justice and Equality Movement Sudan (JEM) during the deployment and training period thereof.

Page 2, Article (7)
All military and civil personnel of the Equality and Justice Movement Sudan fired from service shall be reinstated to their equal ranks in such a manner as to be agreed upon by the two parties.
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: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 2, Article (2),
Issuance of a general amnesty for the civil and military members of the Justice and Equality Movement Sudan (JEM), and the release of the war prisoners and convicted persons from both sides, after the final signing of this Agreement.
Transitional justice→Amnesty/pardon→Relief of other sanctions
Page 2, Article (7)
All military and civil personnel of the Equality and Justice Movement Sudan fired from service shall be reinstated to their equal ranks in such a manner as to be agreed upon by the two parties.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 2, Article (2),
Issuance of a general amnesty for the civil and military members of the Justice and Equality Movement Sudan (JEM), and the release of the war prisoners and convicted persons from both sides, after the final signing of this Agreement.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1, Preamble,
The Government of Sudan (GOS) and the Justice and Equality Movement Sudan (JEM), within the framework of their genuine commitment to find a lasting solution to the conflict in Darfur, and being convinced of the imperative need to conclude an inclusive peace agreement which puts an end to the tragedy in Darfur, and in culmination of the great efforts which the Qatari leadership has been exerting, under the kind auspices of His Highness Sheikh Hamad bin Khalifa Al-Thani, Emir of the State of Qatar, and as a further consolidation to the diligent efforts of the international Joint Mediation,

Page 1, Preamble,
...Being keen to achieve a just and durable peace to the entire national Sudanese territories, particularly to the Darfur region, and to maintain the Unity of Sudan.

Implementation

UN signatory: Witnessed by:
For the State of Qatar: Ahmed bin Abdullah Al-Mahmoud, Minister of State for Foreign Affairs and Member of the Cabinet;
Other international signatory: Witnessed by:
For the State of Qatar: Ahmed bin Abdullah Al-Mahmoud, Minister of State for Foreign Affairs and Member of the Cabinet;
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-framework-darfur-JEM2010

Framework Agreement to Resolve the Conflict in Darfur between the Government of Sudan (GOS) and the Justice and Equality Movement Sudan (JEM)

Preamble:

The Government of Sudan (GOS) and the Justice and Equality Movement Sudan (JEM), within the framework of their genuine commitment to find a lasting solution to the conflict in Darfur, and being convinced of the imperative need to conclude an inclusive peace agreement which puts an end to the tragedy in Darfur, and in culmination of the great efforts which the Qatari leadership has been exerting, under the kind auspices of His Highness Sheik Hamad bin Khalifa Al-Thani, Emir of the State of Qatar, and as a further consolidation to the diligent efforts of the international Joint Mediation,

In accordance with the United Nations’ Principles and Charter, and the treaties of the African Union, the League of Arab States and the Community of the Sahel and Sahara States relating to settlement of disputes by peaceful means,

Being keen to achieve a just and durable peace to the entire national Sudanese territories, particularly to the Darfur region, and to maintain the Unity of Sudan,

Being desirous to work towards a balanced development to the Sudanese nation which relies on the diversity and idiosyncrasy of the different Sudanese regions with a view to ensuring socio-economic progress for all, and full exercising of fundamental freedoms, based on equality among citizens,

Taking into consideration the Interim Consultation of the Republic of the Sudan, the Comprehensive Peace Agreement (CPA) signed in Naivasha in January 2005, and the Agreement of Good Will and Confidence Building for the settlement of the problem in Darfur, signed in Doha on 17 February 2009 between the Government of National Unity and the Justice and Equality Movement Sudan, and

Convinced of the genuine desire shown by the Government of Sudan (GOS) and the Justice and Equality Movement Sudan (JEM),

The Government of Sudan (GOS) and the Justice and Equality Movement Sudan (JEM) have agreed the following:

Article (1)

Announcement of a ceasefire and the immediate initiation of negotiations in order to agree on the enforcement of the same.

Article (2)

Issuance of a general amnesty for the civil and military members of the Justice and Equality Movement Sudan (JEM), and the release of the war prisoners and convicted persons from both sides, after the final signing of the Agreement.

Article (3)

Participation of the Justice and Equality Movement Sudan in power at all levels of governance in accordance with an approach to be agreed upon by the two sides.

Article (4)

The Justice and Equality Movement Sudan (JEM) shall immediately be transformed into a political party upon signing the comprehensive and final peace agreement.

Article (5)

Integration of the forces of the Justice and Equality Movement Sudan in the Armed Forces and the consolidated Security and Police Forces according to what is agreed on by the two parties, this procedures shall be preceded by deploying and training these forces in such locations and according to such a mechanism as to be agreed upon by the two Parties.

Article (6)

The Government of Sudan (GOS) shall bear all necessary expenses of the Forces of the Justice and Equality Movement Sudan (JEM) during the deployment and training period thereof.

Article (7)

All military and civil personnel of the Equality and Justice Movement Sudan fired from service shall be reinstated in their equal ranks in such a manner as to be agreed upon by the two parties.

Article (8)

The Government of Sudan (GOS) shall commit itself to fairly compensate the refugees, and displaced persons and all those who have been affected by the conflict in Darfur and shall also commit itself to ensuring the right of voluntary return for the refugees and displaced persons to their original areas and establish service providing institutions and infrastructure with a view to securing a decent life for them.

Article (9)

The issue of administrative reorganization in Darfur shall be subject to negotiation between the two parties with a view to concluding a final agreement.

Article (10)

The issue of wealth-sharing shall be subject to negotiation between the two parties with a view to concluding a final agreement.

Also, the same applies to issues of land and (Hawakir) and any other issues conducive to peace and deemed to be necessary by the parties for the completion of issues of a global peace agreement.

Article (11)

The implementation of this agreement between the two parties shall be based on goodwill and be established on the basis of solidarity and political partnership in line with principles and national issues that unite the two parties.

Article (12)

The final Agreement and the additional protocols enforcing it shall be prepared, negotiated and signed in Doha before the fifteenth of March 2010.

Done in the Qatari Capital, Doha, on 23 February 2010

For the For the

Government of Sudan Justice and Equality Movement Sudan

(GOS) (JEM)

Dr. Amin Hassan Omer Ahmed Mohammed Togud Lissam

Minister of State, Minister of Culture, Secretary for Negotiations and Peace

Youth and Sports Affairs

Witnessed by,

For the State of Qatar For the AU-UN Mediation

Ahmed bin Abdulla Al-Mahamoud Djbrill Yipènè Bassolé

Minister of State for Foreign Affairs Joint Chief Mediator

and Member of the Cabinet