Agreement between Sudan and South Sudan on Border Issues

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Country/entity: South Sudan
Sudan
Region: Africa (excl MENA)
Agreement name: Agreement between Sudan and South Sudan on Border Issues
Date: 27 Sep 2012
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
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: North - South Sudan secession process
Parties: H.E. Idriss Abdel Gadir, On behalf of the Republic of the Sudan; H.E. Pagan Amum Okiech, On behalf of the Republic of South Sudan
Third parties: Witnessed by: H.E. Pierre Buyoya, On behalf of the African Union High Level Implementation Panel
Description: An agreement that provides for a peaceful and secure border between the two states, with an Integrated Border Management Approach (IBMA) that calls for bilateral, inter-agency, intra-agency, and local participation, and for a Joint Demarcation Committee to undergo a demarcation process. The agreement also establishes measures for transboundary populations and border communities, border security, and a Joint Border Commission to manage policies and principles within this agreement.

Agreement document: SD_120927_Agreement btwn Sudan and South Sudan on Border 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: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: Page 4, Part III - Demarcation of the Boundary
5. Commitment to Demarcate the Boundary
(1) The two States affirm the definition of the agreed boundary in accordance with the physical description and delimitation, and corresponding recommendations of the Technical Committee for the 1/1/1956 Border Line Demarcation Between North and South Sudan, as affirmed by the Presidency of the Republic of the Sudan prior to the secession of Southern Sudan.
Accession/unification: No specific mention.
Border delimitation: Page 2, The Preamble:
Committed to completing the demarcation of the international border between the Parties, and to resolve, expeditiously, all outstanding disputes relating to the border;
Acknowledging the necessity of reaching final agreements on all key border issues in an integrated manner and to provide for appropriate mechanisms for their implementation;

Page 3, Part II - Soft Border
2. Peaceful and Secure Border
(1) The Parties shall maintain a peaceful, safe and secure border, along which economic activity and social interactions can flourish and across which people can move, and goods and services can flow easily.

Page 4, Part III - Demarcation of the Boundary
5. Commitment to Demarcate the Boundary
(1) The two States affirm the definition of the agreed boundary in accordance with the physical description and delimitation, and corresponding recommendations of the Technical Committee for the 1/1/1956 Border Line Demarcation Between North and South Sudan, as affirmed by the Presidency of the Republic of the Sudan prior to the secession of Southern Sudan.
(2) Accordingly, the two States shall jointly demarcate the boundary from the tri-junction-point of the Republic of the Sudan, the Republic of South Sudan and the Central African Republic to the tri-junction point of the Republic of the Sudan, the Republic of South Sudan and the Federal Democratic Republic of Ethiopia.

Page 5, Part III - Demarcation of the Boundary
6. Guiding Principles for Demarcation
(1) The two States shall ensure that the demarcation exercise contributes to the maintenance of peaceful co-existence between the two States and the border communities.
(2) The demarcation process shall take into account African best practices which seek to maintain the sanctity and cohesion of communities and to foster peaceful co-existence between neighbours.
(3) During the demarcation process, the two States shall ensure the proper management of the natural resources along the border and in particular the protection of fragile eco-systems.

Page 5, Part III - Demarcation of the Boundary
7. Demarcation Period for Agreed Boundary
(1) The two States recognize the urgency of demarcating the agreed boundary as referred to in Article 5(2) of this Agreement, and shall complete the demarcation within three months of the commencement of the demarcation exercise.
(2) The demarcation process shall commence immediately upon the establishment of the Joint Demarcation Committee JDC) and the Joint Technical Team JTT) in accordance with this Agreement, and, in any event, not later than sixty (60) days after the ratification of this Agreement.
(3) The two States may extend the demarcation period referred to in paragraph (1) of this article upon the recommendation of the JDC, which shall be based on credible technical grounds.
(4) Notwithstanding the expiry of the demarcation period, the mandate and work of the JDC and the JTT shall not be interrupted while a decision on the extension of the demarcation period is pending.

Page 5-6, Part IV - Institutions relating to Demarcation
8. Joint Demarcation Committee
(1) Within two weeks of the ratification of this Agreement, the two States shall establish a Joint Demarcation Committee to manage and supervise the demarcation and the maintenance of the boundary pillars and beacons.
(2) The JDC shall be a committee of the Joint Border Commission.
(3) The JDC shall have ten members and shall be composed of an equal number of representatives from each State, drawn from persons with relevant knowledge or expertise in cartography, law and any other relevant discipline. The JDC shall have two co-chairs: one nominated by each State.
(4) The JDC shall commence its functions immediately upon its establishment.
(5) At its first sitting, which shall be held not later than two weeks after it has been established, the JDC shall formulate its internal procedures and shall make the necessary preparations for the establishment of the Joint Technical Team.

Page 6, Part IV - Institutions relating to Demarcation
9. Joint Technical Team
(1) Within two weeks of its first sitting, the JDC shall establish the JTT. The JTT shall consist of an equal number of surveyors, cartographers and other appropriate experts, including construction engineers, from each State.
(2) The JTT shall be composed of eighty (80) persons; forty (40) from each State.
(3) The JTT shall commence its activities in accordance with the Demarcation Plan provided for in Article 10(1) of this Agreement. It shall carry out the technical functions associated with the demarcation and the maintenance of the boundary pillars and beacons and shall report to the JDC.
(4) The African Union shall provide surveyors to assist the JTT, particularly in the recording of agreements or disagreements to be referred to the JDC. The surveyors may, upon the request of the Parties assist the JTT in the performance of any of its functions.

Page 6-7, Part V - Demarcation Process
10. The Demarcation Process
(1) Within two weeks of its first meeting, the JDC shall produce a comprehensive plan for undertaking the demarcation exercise. The plan shall include the internal rules of procedures of the JDC as well as a budget. The plan shall set out in detail the demarcation outputs and processes.
(2) A representative of the African Union may, at the request of the Parties, perform any advisory function related to the demarcation process.
(3) The two States may agree to seek technical assistance on demarcation from any other source.

Page 7, Part V - Demarcation Process
11. Outcome of Demarcation Process
The two States shall confirm the completion of the demarcation process through a written formal agreement, and shall deposit the agreement, including the agreed descriptions and maps, with the African Union Commission.

Page 8, Part VI - Other Issues
13. Provision of Security for Demarcation
(1) As soon as it has adopted the demarcation plan, the JDC shall notify the Joint Political and Security Mechanism (JPSM) of the proposed date for the commencement of the demarcation process as well as other details relating to the demarcation process.

Page 9, Part VII - Institutional Arrangements for Managing the Border
17. Joint Border Commission
(1) Within two weeks of the ratification of this Agreement, the Parties shall establish a Joint Border Commission ("JBC") to oversee the management and demarcation of the border.
(2) The Commission shall be composed of five representatives and a co-chair from each State. The co-chairs shall be ministers or persons holding an office of an equivalent level.
(3) Members of the Commission shall be persons with relevant expertise and of high integrity.

Page 9-10, Part VII - Institutional Arrangements for Managing the Border
18. Functions of the Joint Border Commission
(1) The Commission shall oversee the management of the border in accordance with the provisions of this Agreement.
(2) In carrying out its functions, the Commission:
(a) shall develop, in coordination with national actors, detailed policies for managing the border in accordance with the principles set out in this Agreement;
(b) may make recommendations for the enactment of national legislation for the management of the border as necessary;
(c) shall coordinate its activities with the various stakeholders including; national authorities, and local communities;
(d) shall develop an effective working relationship with the administrations of the border states;
(e) may solicit and coordinate, technical and financial support for ts activities; and,
(f) may make recommendations to the heads of the two States, or to any other joint body, with regard to the management of the border.

Page 10, Part VII - Institutional Arrangements for Managing the Border
19. Structures of the Commission
(I) In addition to the Joint Demarcation Committee, established in Part III of this Agreement, the Commission shall establish and facilitate joint committees for the effective carrying out of its specific functions including any of the following:
...
(iii) Border development and infrastructure;
... (2) A committee established in accordance with the above sub-paragraph may set up its own subcommittees in consultation with the Commission.

Page 11, Part VIII - Specific Policies for Management of the Border
24. Common Policies
The JBMA shall develop policies for the joint management of the border.

Page 11, Part VIII - Specific Policies for Management of the Border
25. Resource Management Policy
The implementation of the policy shall be overseen by the relevant committees of the JBMA, which shall support national authorities to implement the relevant measures.

Page 12, Part IX - Miscellaneous Provisions
28. Border Fund
(1) The Parties shall establish a fund for supporting the implementation of this Agreement and to facilitate the activities of the Joint Border Commission.
(2) The Parties shall make equal contributions into the fund, and may solicit additional assistance from third parties.
Cross-border provision: Page 2, The Preamble:
Recognising the common heritage and abiding connections between the Sudanese and South Sudanese peoples, particularly those who live along the common border between the Parties;
Resolving to promote social and economic interactions and cooperation between the Parties and its peoples;

Page 3, Part II - Soft Border
2. Peaceful and Secure Border
(1) The Parties shall maintain a peaceful, safe and secure border, along which economic activity and social interactions can flourish and across which people can move, and goods and services can flow easily.
(2) The Parties shall develop jointly and progressively their vision of a peaceful, safe and secure international boundary and, in particular, they shall encourage and support coordinated management of the border at all levels.
(3) The Parties shall resolve any conflicts that may arise in relation to the border exclusively through peaceful means.

Page 4, Part II - Soft Border
3. Integrated Border Management Approach
(1) The Parties recognise the special character of the border and the need to regulate, protect and promote the various interests of public and community nature along the border.
(2) Accordingly, the Parties shall adopt an integrated border management approach (IBMA) aimed at ensuring coordinated management of the multiple border control and other interests of each State.

Page 4, Part II - Soft Border
4. Key Pillars of the IBMA
(1) The integrated border management approach shall consist of the following pillars:
(i) Bi-lateral cooperation
(ii) Inter-agency cooperation
(iii) Intra-agency cooperation
(iv) Local (stakeholder) participation
(2) In the adoption or implementation of any measure under the IBMA, the views and interests of the various stakeholders including, the host communities, the administrative, security and private sectors, as well as other community actors, shall be taken into account.

Page 4, Part III - Demarcation of the Boundary
5. Commitment to Demarcate the Boundary
(2) Accordingly, the two States shall jointly demarcate the boundary from the tri-junction-point of the Republic of the Sudan, the Republic of South Sudan and the Central African Republic to the tri-junction point of the Republic of the Sudan, the Republic of South Sudan and the Federal Democratic Republic of Ethiopia.

Page 5, Part III - Demarcation of the Boundary
6. Guiding Principles for Demarcation
(1) The two States shall ensure that the demarcation exercise contributes to the maintenance of peaceful co-existence between the two States and the border communities.
(2) The demarcation process shall take into account African best practices which seek to maintain the sanctity and cohesion of communities and to foster peaceful co-existence between neighbours.

Page 8, Part VII - Transboundary Populations
14. Management of Transhumance
(1) The Parties shall regulate, protect and promote the livelihoods of border communities without prejudice to the rights of the host communities and in particular those of the nomadic and pastoral communities especially their seasonal customary right to cross, with their livestock, the international boundary between the Parties for access to pasture and water.

Page 8, Part VII - Transboundary Populations
14. Management of Transhumance
(2) The Parties may reach further agreements to facilitate the peaceful movement of nomadic and pastoral communities taking into consideration the primary interest of the host communities and the security implications of such movements.

Page 8-9, Part VII - Transboundary Populations
15. General provisions on Border communities
(1) The Parties may reach other agreements to facilitate the movement of members of border communities across the international boundary.
(2) In the adoption or implementation of any measure or policy, the JBC shall give due consideration to the views of the host communities, border, communities as well as to the interests and views of other affected interest groups.

Page 10, Part VII - Institutional Arrangements for Managing the Border
19. Structures of the Commission
(I) In addition to the Joint Demarcation Committee, established in Part III of this Agreement, the Commission shall establish and facilitate joint committees for the effective carrying out of its specific functions including any of the following:
(i) Social and economic issues;
(ii) Transboundary resources management;
… (iv) Legal and judicial cooperation.
(2) A committee established in accordance with the above sub-paragraph may set up its own subcommittees in consultation with the Commission.

Page 10, Part VII - Institutional Arrangements for Managing the Border
20. Coordination on Security Issues
The primary responsibility for the joint management of security along the border shall lie with the Joint Political and Security Mechanism (JPSM), which shall coordinate its activities with the Joint Border Commission, especially with regard to the management of movement routes and corridors for the use of transboundary communities.

Page 11, Part VII - Institutional Arrangements for Managing the Border
22. Coordination
Each State shall ensure that the management of the border is coordinated at all levels of government in accordance with the key pillars of the IBMA.

Page 11, Part VII - Institutional Arrangements for Managing the Border
23. Border Governors' Forum
The Parties shall convene and encourage the development of an effective Border Governors' Forum of the Parties, and shall build on previous experiences of Governors' cooperation, as appropriate.

Page 11, Part VIII - Specific Policies for Management of the Border
26. Economic and Trade Policies
(I) The Parties shall facilitate cross border trade and establish customs posts and enclosures at the designated official crossing points
(2) The Parties facilitate cross-border trade and combat smuggling and all forms of trafficking.
(3) The Parties shall promote investment along the border and shall promote and facilitate the access of border communities to commercial banking, telecommunications, and currency exchange facilities.
(4) The Parties shall permit and facilitate local subsistence trade between border communities, without formal taxation.

Page 11, Part VIII - Specific Policies for Management of the Border
27. Dissemination of Policies
The Parties shall ensure that residents of the border and other affected persons have access to information concerning any decisions and developments relevant to the border, such as: legislation, official policies and agreements.

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 4, Part II - Soft Border
3. Integrated Border Management Approach
(1) The Parties recognise the special character of the border and the need to regulate, protect and promote the various interests of public and community nature along the border.
(2) Accordingly, the Parties shall adopt an integrated border management approach (IBMA) aimed at ensuring coordinated management of the multiple border control and other interests of each State.

Page 4, Part II - Soft Border
4. Key Pillars of the IBMA
(1) The integrated border management approach shall consist of the following pillars:
[...] (iv) Local (stakeholder) participation
(2) In the adoption or implementation of any measure under the IBMA, the views and interests of the various stakeholders including, the host communities, the administrative, security and private sectors, as well as other community actors, shall be taken into account.

Page 5, Part III - Demarcation of the Boundary
6. Guiding Principles for Demarcation
(1) The two States shall ensure that the demarcation exercise contributes to the maintenance of peaceful co-existence between the two States and the border communities.
(2) The demarcation process shall take into account African best practices which seek to maintain the sanctity and cohesion of communities and to foster peaceful co-existence between neighbours.

Page 8, Part VII - Transboundary Populations
14. Management of Transhumance
(1) The Parties shall regulate, protect and promote the livelihoods of border communities without prejudice to the rights of the host communities and in particular those of the nomadic and pastoral communities especially their seasonal customary right to cross, with their livestock, the international boundary between the Parties for access to pasture and water.

Page 8, Part VII - Transboundary Populations
14. Management of Transhumance
(2) The Parties may reach further agreements to facilitate the peaceful movement of nomadic and pastoral communities taking into consideration the primary interest of the host communities and the security implications of such movements.

Page 8-9, Part VII - Transboundary Populations
15. General provisions on Border communities
(2) In the adoption or implementation of any measure or policy, the JBC shall give due consideration to the views of the host communities, border, communities as well as to the interests and views of other affected interest groups.

Page 9, Part VIII - Managing Border Security
16. Holistic Approach to Security
(2) The Parties shall develop and enhance the capacity of security personnel and border community leaders to address conflict-related issues.
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: Power sharing→Economic power sharing→Fiscal federalism
Page 7, Part V - Demarcation Process
12. Costs and Technical Requirements for Demarcation
(1) The costs of the demarcation exercise shall be met from funds to which each State shall contribute equally.
(2) Each State shall pay its contribution towards the costs of the demarcation exercise into a Joint Escrow Account to be set up within one (1) week of the establishment of the Joint Demarcation Committee. At the time of the establishment of the account each State shall deposit USD $100,000.
(3) Upon the completion of the comprehensive plan, including the budget, referred to in Article (8)(1) of this Agreement, each State shall pay its equal financial obligation towards the budget as follows:
(a) Seventy percent (70%) within one week of adoption of the plan and budget.
(b) Fifteen percent (15%) within one month of adoption of the plan and budget.
(c) Fifteen percent (15%) within two months of the adoption of the plan and budget.

Page 12, Part IX - Miscellaneous Provisions
28. Border Fund
(1) The Parties shall establish a fund for supporting the implementation of this Agreement and to facilitate the activities of the Joint Border Commission.
(2) The Parties shall make equal contributions into the fund, and may solicit additional assistance from third parties.
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: Human rights and equality→Civil and political rights→Equality
Page 5-6, Part IV - Institutions relating to Demarcation
8. Joint Demarcation Committee
(3) The JDC shall have ten members and shall be composed of an equal number of representatives from each State, drawn from persons with relevant knowledge or expertise in cartography, law and any other relevant discipline. The JDC shall have two co-chairs: one nominated by each State.

Page 6, Part IV - Institutions relating to Demarcation
9. Joint Technical Team
(1) Within two weeks of its first sitting, the JDC shall establish the JTT. The JTT shall consist of an equal number of surveyors, cartographers and other appropriate experts, including construction engineers, from each State.

Page 7, Part V - Demarcation Process
12. Costs and Technical Requirements for Demarcation
(1) The costs of the demarcation exercise shall be met from funds to which each State shall contribute equally.
[...] (3) Upon the completion of the comprehensive plan, including the budget, referred to in Article (8)(1) of this Agreement, each State shall pay its equal financial obligation towards the budget as follows:

Page 8, Part VII - Transboundary Populations
14. Management of Transhumance
(1) The Parties shall regulate, protect and promote the livelihoods of border communities without prejudice to the rights of the host communities and in particular those of the nomadic and pastoral communities especially their seasonal customary right to cross, with their livestock, the international boundary between the Parties for access to pasture and water.

Page 12, Part IX - Miscellaneous Provisions
28. Border Fund
(2) The Parties shall make equal contributions into the fund, and may solicit additional assistance from third parties.
Human rights and equality→Civil and political rights→Freedom of movement
Page 8, Part VII - Transboundary Populations
14. Management of Transhumance
(1) The Parties shall regulate, protect and promote the livelihoods of border communities without prejudice to the rights of the host communities and in particular those of the nomadic and pastoral communities especially their seasonal customary right to cross, with their livestock, the international boundary between the Parties for access to pasture and water.
Socio-economic rights: Human rights and equality→Socio-economic rights→Cultural life
Page 8, Part VII - Transboundary Populations
14. Management of Transhumance
(1) The Parties shall regulate, protect and promote the livelihoods of border communities without prejudice to the rights of the host communities and in particular those of the nomadic and pastoral communities especially their seasonal customary right to cross, with their livestock, the international boundary between the Parties for access to pasture and water.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 11, Part VIII - Specific Policies for Management of the Border
27. Dissemination of Policies
The Parties shall ensure that residents of the border and other affected persons have access to information concerning any decisions and developments relevant to the border, such as: legislation, official policies and agreements.
Mobility/access: Page 3, Part II - Soft Border
2. Peaceful and Secure Border
(1) The Parties shall maintain a peaceful, safe and secure border, along which economic activity and social interactions can flourish and across which people can move, and goods and services can flow easily.

Page 4, Part II - Soft Border
3. Integrated Border Management Approach
(1) The Parties recognise the special character of the border and the need to regulate, protect and promote the various interests of public and community nature along the border.
(2) Accordingly, the Parties shall adopt an integrated border management approach (IBMA) aimed at ensuring coordinated management of the multiple border control and other interests of each State.

Page 8, Part VII - Transboundary Populations
14. Management of Transhumance
(1) The Parties shall regulate, protect and promote the livelihoods of border communities without prejudice to the rights of the host communities and in particular those of the nomadic and pastoral communities especially their seasonal customary right to cross, with their livestock, the international boundary between the Parties for access to pasture and water.

Page 8, Part VII - Transboundary Populations
14. Management of Transhumance
(2) The Parties may reach further agreements to facilitate the peaceful movement of nomadic and pastoral communities taking into consideration the primary interest of the host communities and the security implications of such movements.

Page 8-9, Part VII - Transboundary Populations
15. General provisions on Border communities
(1) The Parties may reach other agreements to facilitate the movement of members of border communities across the international boundary.
(2) In the adoption or implementation of any measure or policy, the JBC shall give due consideration to the views of the host communities, border, communities as well as to the interests and views of other affected interest groups.

Page 10, Part VII - Institutional Arrangements for Managing the Border
20. Coordination on Security Issues
The primary responsibility for the joint management of security along the border shall lie with the Joint Political and Security Mechanism (JPSM), which shall coordinate its activities with the Joint Border Commission, especially with regard to the management of movement routes and corridors for the use of transboundary communities.
Protection measures: Rights related issues→Protection measures→Protection of civilians
Page 4, Part II - Soft Border
3. Integrated Border Management Approach
(1) The Parties recognise the special character of the border and the need to regulate, protect and promote the various interests of public and community nature along the border.
(2) Accordingly, the Parties shall adopt an integrated border management approach (IBMA) aimed at ensuring coordinated management of the multiple border control and other interests of each State.

Page 8, Part VII - Transboundary Populations
14. Management of Transhumance
(1) The Parties shall regulate, protect and promote the livelihoods of border communities without prejudice to the rights of the host communities and in particular those of the nomadic and pastoral communities especially their seasonal customary right to cross, with their livestock, the international boundary between the Parties for access to pasture and water.
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 2, The Preamble:
Resolving to promote social and economic interactions and cooperation between the Parties and its peoples;

Page 3, Part II - Soft Border
2. Peaceful and Secure Border
(1) The Parties shall maintain a peaceful, safe and secure border, along which economic activity and social interactions can flourish and across which people can move, and goods and services can flow easily.

Page 10, Part VII - Institutional Arrangements for Managing the Border
19. Structures of the Commission
(I) In addition to the Joint Demarcation Committee, established in Part III of this Agreement, the Commission shall establish and facilitate joint committees for the effective carrying out of its specific functions including any of the following:
(i) Social and economic issues; [...]
(iii) Border development and infrastructure;

Page 12, Part IX - Miscellaneous Provisions
28. Border Fund
(1) The Parties shall establish a fund for supporting the implementation of this Agreement and to facilitate the activities of the Joint Border Commission.
(2) The Parties shall make equal contributions into the fund, and may solicit additional assistance from third parties.
National economic plan: No specific mention.
Natural resources: Page 5, Part III - Demarcation of the Boundary
6. Guiding Principles for Demarcation
(3) During the demarcation process, the two States shall ensure the proper management of the natural resources along the border and in particular the protection of fragile eco-systems.
International funds: Page 7, Part V - Demarcation Process
12. Costs and Technical Requirements for Demarcation
(4) The African Union, or any other entity, may, upon the joint request of the Parties, provide technical or financial assistance to facilitate the demarcation exercise.
Business: No specific mention.
Taxation: Socio-economic reconstruction→Taxation→Reform of taxation
Page 11, Part VIII - Specific Policies for Management of the Border
26. Economic and Trade Policies
(4) The Parties shall permit and facilitate local subsistence trade between border communities, without formal taxation.
Banks: Socio-economic reconstruction→Banks→Cross-border financial flows
Page 11, Part VIII - Specific Policies for Management of the Border
26. Economic and Trade Policies
(3) The Parties shall promote investment along the border and shall promote and facilitate the access of border communities to commercial banking, telecommunications, and currency exchange facilities.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: Page 3, Part I - Definitions and Key Principles
Transhumance: means the practice of moving livestock from one grazing area to another in a seasonal cycle.

14. Management of Transhumance
(1) The Parties shall regulate, protect and promote the livelihoods of border communities without prejudice to the rights of the host communities and in particular those of the nomadic and pastoral communities especially their seasonal customary right to cross, with their livestock, the international boundary between the Parties for access to pasture and water.

Page 8, Part VII - Transboundary Populations
14. Management of Transhumance
(2) The Parties may reach further agreements to facilitate the peaceful movement of nomadic and pastoral communities taking into consideration the primary interest of the host communities and the security implications of such movements.

Page 8, Part VII - Transboundary Populations
14. Management of Transhumance
(3) The Joint Border Commission shall adopt a comprehensive border management policy for the management of resources, including: rangelands, watersheds, stock routes and grazing areas.

Page 8-9, Part VII - Transboundary Populations
15. General provisions on Border communities
(1) The Parties may reach other agreements to facilitate the movement of members of border communities across the international boundary.
(2) In the adoption or implementation of any measure or policy, the JBC shall give due consideration to the views of the host communities, border, communities as well as to the interests and views of other affected interest groups.

Page 9, Part VIII - Managing Border Security
16. Holistic Approach to Security
(3) Consistent with Part V of this Agreement, special attention shall be given to the security issues arising from transhumance.

Page 10, Part VII - Institutional Arrangements for Managing the Border
19. Structures of the Commission
(I) In addition to the Joint Demarcation Committee, established in Part III of this Agreement, the Commission shall establish and facilitate joint committees for the effective carrying out of its specific functions including any of the following: [...]
(ii) Transboundary resources management;

Page 10, Part VII - Institutional Arrangements for Managing the Border
20. Coordination on Security Issues
The primary responsibility for the joint management of security along the border shall lie with the Joint Political and Security Mechanism (JPSM), which shall coordinate its activities with the Joint Border Commission, especially with regard to the management of movement routes and corridors for the use of transboundary communities.
Cultural heritage: Land, property and environment→Cultural heritage→Tangible
[Summary] Protection of pastoral customs. See pastoral rights.
Land, property and environment→Cultural heritage→Other
Page 2, The Preamble:
Recognising the common heritage and abiding connections between the Sudanese and South Sudanese peoples, particularly those who live along the common border between the Parties;
Environment: Page 5, Part III - Demarcation of the Boundary
6. Guiding Principles for Demarcation
(3) During the demarcation process, the two States shall ensure the proper management of the natural resources along the border and in particular the protection of fragile eco-systems.
Water or riparian rights or access: Page 8, Part VII - Transboundary Populations
14. Management of Transhumance
(1) The Parties shall regulate, protect and promote the livelihoods of border communities without prejudice to the rights of the host communities and in particular those of the nomadic and pastoral communities especially their seasonal customary right to cross, with their livestock, the international boundary between the Parties for access to pasture and water.

Page 8, Part VII - Transboundary Populations
14. Management of Transhumance
(3) The Joint Border Commission shall adopt a comprehensive border management policy for the management of resources, including: rangelands, watersheds, stock routes and grazing areas.

Security sector

Security Guarantees: Page 8, Part VI - Other Issues
13. Provision of Security for Demarcation
(1) As soon as it has adopted the demarcation plan, the JDC shall notify the Joint Political and Security Mechanism (JPSM) of the proposed date for the commencement of the demarcation process as well as other details relating to the demarcation process.

Page 8, Part VI - Other Issues
13. Provision of Security for Demarcation
(2) In accordance with the Agreement on Border Security and Joint Political and Security Mechanism signed by the Parties on 29th June 2011, and the Agreement on the Border Monitoring Support Mission signed on 30th July 2011, the JPSM shall provide protection for the demarcation teams and for the equipment and other facilities relating to the demarcation process.

Page 9, Part VIII - Managing Border Security
16. Holistic Approach to Security
(1) Consistent with the IBMA, each State shall adopt a holistic approach to the management of security along the border encompassing: conflict prevention, conflict management, conflict resolution as well as reconciliation and other peace-building measures.
(2) The Parties shall develop and enhance the capacity of security personnel and border community leaders to address conflict-related issues.
(3) Consistent with Part V of this Agreement, special attention shall be given to the security issues arising from transhumance.

Page 10, Part VII - Institutional Arrangements for Managing the Border
20. Coordination on Security Issues
The primary responsibility for the joint management of security along the border shall lie with the Joint Political and Security Mechanism (JPSM), which shall coordinate its activities with the Joint Border Commission, especially with regard to the management of movement routes and corridors for the use of transboundary communities.
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: Page 11, Part VIII - Specific Policies for Management of the Border
26. Economic and Trade Policies
(2) The Parties facilitate cross-border trade and combat smuggling and all forms of trafficking.
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: Page 9, Part VIII - Managing Border Security
16. Holistic Approach to Security
(1) Consistent with the IBMA, each State shall adopt a holistic approach to the management of security along the border encompassing: conflict prevention, conflict management, conflict resolution as well as reconciliation and other peace-building measures.

Implementation

UN signatory: No specific mention.
Other international signatory: Witnessed by: H.E. Pierre Buyoya, On behalf of the African Union High Level Implementation Panel
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 12, Part IX - Miscellaneous Provisions
28. Border Fund
(1) The Parties shall establish a fund for supporting the implementation of this Agreement and to facilitate the activities of the Joint Border Commission.

Page 12, Part IX - Miscellaneous Provisions
29. Future Agreements
The Parties may conclude further agreements for the better implementation of the provisions of this Agreement.
Related cases: No specific mention.
Source: Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.

Agreement between The Republic of the Sudan and The Republic of South Sudan on Border Issues

Addis Ababa, 27 September 2012

The Preamble:

Recognising the common heritage and abiding connections between the Sudanese and South Sudanese people particularly those who live along the common border between the Parties;

Resolving to promote social and economic interactions and cooperation between the Parties and its peoples;

Committed to completing the demarcation of the international border between the Parties, and to resolve, expeditiously, all outstanding disputes relating to the border;

Acknowledging the necessity of reaching final agreements on all key border issues in an integrated manner and to provide for appropriate mechanisms for their implementation;

The Parties agree as follows:

Part I

Definitions and Key Principles

1. Definitions

Border:

means a region, zone or territory straddling a boundary or an are adjacent to a boundary

Boundary:

means the line the marks the physical limits of a State’s territory and sovereignty

Demarcation:

means the physical marking of a boundary on the ground using pillars or beacons and production of boundary maps thereafter

Delimitation:

means the legal description of a boundary in a text or a map

JBC: refers to the Joint Border Commission established under this Agreement

JDC: refers to the Joint Demarcation Committee established under this Agreement

JPSM:

refers to the Joint Political and Security Mechanism

JTT: refers to the Joint Technical Team

Physical description:

means the description of geographical and physical features made on the ground during the reconnaissance in comparison with their location plotted on the map including the coordinates

The Commission:

has the same meaning as the Joint Border Commission (also “JBC”)

The Parties:

has the same meaning as “the two States”

The two States:

means the Republic of the Sudan and the Republic of South Sudan

Transhumance:

means the practice of moving livestock from one grazing area to another in a seasonal cycle

Tri-junction point:

means the point where the boundaries of three States meet

Part II

Soft Border

2. Peaceful and Secure Border

(1) The Parties shall maintain a peaceful, safe and secure border, along which economic activity and social interactions can flourish and across which people can move, and goods and services can flow easily.

(2) The Parties shall develop jointly and progressively their vision of a peaceful, safe and secure international boundary and, in particular, they shall encourage and support coordinated management of the border at all levels.

(3) The Parties shall resolve any conflicts that may arise in relation to the border exclusively through peaceful means.

3. Integrated Border Management Approach

(1) The Parties recognise the special character of the border and the need to regulate, protect and promote the various interests of public and community nature along the border.

(2) Accordingly, the Parties shall adopt an integrated border management approach (IBMA) aimed at ensuring coordinated management of the multiple border control and other interests of each State.

4. Key Pillars of the IBMA

(1) The integrated border management approach shall consist of the following pillars:

(i) Bi-lateral cooperation

(ii) Inter-agency cooperation

(iii) Intra-agency cooperation

(iv) Local (stakeholder) participation

(2) In the adoption or implementation of any measure under the IBMA, the views and interests of the various stakeholders including, the host communities, the administrative, security and private sectors, as well as other community actors, shall be taken into account.

Part III

Demarcation of the Boundary

5. Commitment to Demarcate the Boundary

(1) The two States affirm the definition of the agreed boundary in accordance with the physical description and delimitation, and corresponding recommendations of the Technical Committee for the 1/1/1956 Border Line Demarcation Between North and South Sudan, as affirmed by the Presidency of the Republic of the Sudan prior to the secession of Southern Sudan.

(2) Accordingly, the two States shall jointly demarcate the boundary from the tri-junction-point of the Republic of the Sudan, the Republic of South Sudan and the Central African Republic to the tri-junction point of the Republic of the Sudan, the Republic of South Sudan and the Federal Democratic Republic of Ethiopia.

6. Guiding Principles for Demarcation

(1) The two States shall ensure that the demarcation exercise contributes to the maintenance of peaceful co-existence between the two States and the border communities.

(2) The demarcation process shall take into account African best practices which seek to maintain the sanctity and cohesion of communities and to foster peaceful co-existence between neighbours.

(3) During the demarcation process, the two States shall ensure the proper management of the natural resources along the border and in particular the protection of fragile eco-systems.

7. Demarcation Period for Agreed Boundary

(1) The two States recognise the urgency of demarcating the agreed boundary as referred to in Article 5(2) of this Agreement, and shall complete the demarcation within three months of the commencement of the demarcation exercise.

(2) The demarcation process shall commence immediately upon the establishment of the Joint Demarcation Committee (JDC) and the Joint Technical Team (JTT) in accordance with this Agreement, and, in any event, not later than sixty (60) days after the ratification of this Agreement.

(3) The two States may extend the demarcation period referred to in paragraph (1) of this article upon the recommendation of the JDC, which shall be based on credible technical grounds.

(4) Notwithstanding the expiry of the demarcation period, the mandate and work of the JDC and the JTT shall not be interrupted while a decision on the extension of the demarcation period is pending.

Part IV

Institutions Relating to Demarcation

8. Joint Demarcation Committee

(1) Within two weeks of the ratification of this Agreement, the two States shall establish a Joint Demarcation Committee to manage and supervise the demarcation and the maintenance of the boundary pillars and beacons.

(2) The JDC shall be a committee of the Joint Border Commission.

(3) The JDC shall have ten members and shall be composed of an equal number of representatives from each State, drawn from persons with relevant knowledge or expertise in cartography, law and any other relevant discipline.

The JDC shall have two co-chairs:

one nominated by each State.

(4) The JDC shall commence its functions immediately upon its establishment.

(5) As its first sitting, which shall be held not later than two weeks after it has been established, the JDC shall formulate its internal procedures and shall make the necessary preparations for the establishment of the Joint Technical Team.

9. Joint Technical Team

(1) Within two weeks of its first sitting, the JDC shall establish the JTT.

The JTT shall consist of an equal number of surveyors, cartographers and other appropriate experts, including construction engineers, from each State.

(2) The JTT shall be composed of eighty (80) persons;

forty (40) from each State.

(3) The JTT shall commence its activities in accordance with the Demarcation Plan provided for in Article 10(1) of this Agreement.

It shall carry out the technical functions associated with the demarcation and the maintenance of the boundary pillars and beacons and shall report to the JDC.

(4) The African Union shall provide surveyors to assist the JTT, particularly in the recording of agreements or disagreements to be referred to the JDC.

The surveyors may, upon the request of the Parties assist the JTT in the performance of any of its functions.

Part V

Demarcation Process

10. The Demarcation Process

(1) Within two weeks of its first meeting, the JDC shall produce a comprehensive plan for undertaking the demarcation exercise.

The plan shall include the internal rules of procedures of the JDC as well as a budget.

The plan shall set out in detail the demarcation outputs and processes.

(2) A representative of the African Union may, at the request of the Parties, perform any advisory function related to the demarcation process.

(3) The two States may agree to seek technical assistance on demarcation from any other source.

11. Outcome of Demarcation Process

The two States shall confirm the completion of the demarcation process through a written formal agreement, and shall deposit the agreement, including the agreed description and maps, with the African Union Commission.

12. Costs and Technical Requirements for Demarcation

(1) The costs of the demarcation exercise shall be met from funds to which each State shall contribute equally.

(2) Each State shall pay its contribution towards the costs of the demarcation exercise into a Joint Escrow Account to be set up within one (1) week of the establishment of the Joint Demarcation Committee.

At the time of the establishment of the account each State shall deposit USD $100,000.

(3) Upon the completion of the comprehensive plan, including the budget, referred to in Article (8)(1) of this Agreement, each State shall pay its equal financial obligation towards the budget as follows:

(a) Seventy percent (70%) within one week of adoption of the plan and budget.

(b) Fifteen percent (15%) within one month of adoption of the plan and budget.

(4) The African Union, or any other entity, may, upon the joint request of the Parties, provide technical or financial assistance to facilitate the demarcation exercise.

Part VI

Other Issues

13. Provision of Security for Demarcation

(1) As soon as it has adopted the demarcation plan, the JDC shall notify the Joint Political and Security Mechanism (JPSM) of the proposed date for the commencement of the demarcation process as well as other details relating to the demarcation process.

(2) In accordance with the Agreement on border Security and Joint Political and Security Mechanism signed by the Parties on 29th June 2011, and the Agreement on the Border Monitoring Support Mission signed on 30th July 2011, the JPSM shall provide protection for the demarcation teams and for the equipment and other facilities relating to the demarcation process.

Part VII

Transboundary Populations

14. Management of Transhumance

(1) The Parties shall regulate, protect and promote the livelihoods of border communities without prejudice to the rights of the host communities and in particular those of the nomadic and pastoral communities especially their seasonal customary right to cross, with their livestock, the international boundary between the Parties for access to pasture and water.

(2) The Parties may reach further agreements to facilitate the peaceful movement of nomadic and pastoral communities taking into consideration the primary interest of the host communities and the security implications of such movements.

(3) The Joint Border Commission shall adopt a comprehensive border management policy for the management of resources, including rangelands, watersheds, stock routes and grazing areas.

15. General provisions on Border communities

(1) The Parties may reach other agreements to facilitate the movement of members of border communities across the international boundary.

(2) In the adoption or implementation of any measure or policy, the JBC shall give due consideration to the views of the host communities, border, communities as well as to the interests and views of other affected interest groups.

Part VIII

Managing Border Security

16. Holistic Approach to Security

(1) Consistent with the IBMA, each State shall adopt a holistic approach to the management of security along the border encompassing conflict prevention, conflict management, conflict resolution as well as reconciliation and other peace-building measures.

(2) The Parties shall develop and enhance the capacity of security personnel and border community leaders to address conflict-related issues.

(3) Consistent with Part V of this Agreement, special attention shall be given to the security issues arising from transhumance.

Part VII

Institutional Arrangements for Managing the Border

17. Joint Border Commission

(1) Within two weeks of the ratification of this Agreement, the Parties shall establish a Joint Border Commission (“JBC”) to oversee the management and demarcation of the border.

(2) The Commission shall be composed of five representatives and a co-chair from each State.

The co-chairs shall be ministers or persons holding an office of an equivalent level.

(3) Members of the Commission shall be persons with relevant expertise and of high integrity.

18. Functions of the Joint Border Commission

(1) The Commission shall oversee the management of the border in accordance with the provisions of this Agreement.

(2) In carrying out its functions, the Commission:

(a) shall develop, in coordination with national actors, detailed policies for managing the border in accordance with the principles set out in this Agreement;

(b) may make recommendations for the enactment of national legislation for the management of the border as necessary;

national authorities, and local communities;

(d) shall develop an effective working relationship with the administrations of the border states;

(e) may solicit and coordinate, technical and financial support for its activities;

and,

(f) may make recommendations to the heads of the two States, or to any other joint body, with regard to the management of the border.

19. Structures of the Commission

(1) In addition to the Joint Demarcation Committee, established in Part III of this Agreement, the Commission shall establish and facilitate joint committees for the effective carrying out of its specific functions including any of the following:

(i) Social and economic issues;

(ii) Transboundary resources management;

(iii) Border development and infrastructure;

(iv) Legal and judicial cooperation.

(2) A committee established in accordance with the above sub-paragraph may set up its own subcommittees in consultation with the Commission.

20. Coordination on Security Issues

The primary responsibility for the joint management of security along the border shall lie with the Joint Political and Security Mechanism (JPSM), which shall coordinate its activities with the Joint Border Commission, especially with regard to the management of movement routes and corridors for the use of transboundary communities.

21. Coordination of border management

The Joint Border Commission shall convene coordination meetings, at least two times a year, with the JPSM, the Joint High Level Committee on Nationals, the relevant Joint Trade and Economic Committee and representatives of the Governors Forum among others.

22. Coordination

Each State shall ensure that the management of the border is coordinated at all levels of government in accordance with the key pillars of the IBMA.

23. Border Governors’ Forum

The Parties shall convene and encourage the development of an effective Border Governors’ Forum of the Parties, and shall build on previous experiences of Governors’ cooperation as appropriate.

Part VIII

Specific Policies for Management of the Border

24. Common Policies

The JBMA shall develop policies for the joint management of the border.

25. Resource Management Policy

The implementation of the policy shall be overseen by the relevant committees of the JBMA, which shall support national authorities to implement the relevant measures.

26. Economic and Trade Policies

(1) The Parties shall facilitate cross border trade and establish customs posts and enclosures at the designated official crossing points.

(2) the Parties facilitate cross-border trade and combat smuggling and all forms of trafficking.

(3) The Parties shall promote investment along the border and shall promote and facilitate the access of border communities to commercial banking, telecommunications and currency exchange facilities.

(4) The Parties shall permit and facilitate local subsistence trade between border communities, without formal taxation.

27. Dissemination of Policies

The Parties shall ensure that residents of the border and other affected persons have access to information concerning any decisions and developments relevant to the border, such as:

legislation, official policies and agreements.

Part IX

Miscellaneous Provisions

28. Border Fund

(1) The Parties shall establish a fund for supporting the implementation of this Agreement and to facilitate the activities of the Joint Border Commission.

(2) The Parties shall make equal contributions into the fund, and may solicit additional assistance from third parties.

29. Future Agreements

The Parties may conclude further agreements for the better implementation of the provisions of this Agreement.

Done in Addis Ababa, this 27th Day of September, 2012.

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

H.E. Idriss Abdel Gadir H.E. Pagan Amum Okiech

On behalf of the Republic of the On behalf of the Republic of South

Sudan Sudan

Witnessed by:

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

H.E. Pierre Buyoya

On behalf of the African Union High Level Implementation Panel