Framework Agreement on the Status of Nationals of the Other State and Related Matters between the Republic of the Sudan and the Republic of South Sudan

• Country/entity

  South Sudan
  Sudan
  
• Region

  Africa (excl MENA)
  Africa (excl MENA)
  
• Agreement name

  Framework Agreement on the Status of Nationals of the Other State and Related Matters between the Republic of the Sudan and the Republic of South Sudan
• Date

  13 Mar 2012
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Interstate/intrastate conflict(s) ( Sudan Conflicts (1955 - ) )
• Stage

  Framework/substantive - partial
• Conflict nature

  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 measures relating to the status and treatment of nationals of each State in the territory of the other State, including the freedoms that pertain to these individuals, a Joint High Level Committee to adopt and implement these measures, the transitional period, and the role of the AUHIP. The Parties also provide that the agreement can be amended or, with a sixty day notice to the other State, terminated.

• Agreement document

  SD_120313_Framework Agreement on Status of Nationals of the Other State.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

Framework Agreement on the Status of Nationals of the Other State and Related Matters between The Republic of the Sudan and The Republic of South Sudan

(hereinafter “the Parties” or “the two States”)

The Parties,

Affirming that the people of Sudan and South Sudan desire to co-exist peacefully and to build harmonious relations and good neighbourliness among themselves;

Convinced that for the social and economic viability of the two States it is necessary that Sudanese and South Sudanese people continue to interact with each other and enjoy the freedom to reside, move, acquire and dispose of property, and undertake economic activities within the territories of the two States;

Affirming the necessity for establishing arrangements for cooperation and for the implementation of relevant policies and commitments;

Agree as follows:

Part 1

Cooperation on Treatment of Nationals

1. Joint High Level Committee

1.1 The two States shall establish a standing Joint High-level Committee (“the Committee”), which shall oversee the adoption and implementation of joint measures relating to the status and treatment of the nationals of each State in the territory of the other State.

1.2 The Committee shall be co-chaired by the ministers responsible for the internal affairs in each State, and shall include representation from other ministries and relevant authorities of each State.

1.3 Within two weeks of the signing of this Agreement, the Committee shall hold its first meeting, during which it shall adopt a programme of work as well as its internal rules of procedure.

1.4 The Committee shall be responsible for all matters relating to the status and treatment of the nationals of each State in the other State.

1.5 In carrying out its functions, the Committee shall be guided by this agreement and any relevant principles and arrangements adopted by the two States.

1.6 The Committee may establish any technical sub-committees to deal with any issue that may arise within its mandate.

2. Transitional Period

2.1 The Parties shall accelerate their cooperation to provide the nationals of each State with the appropriate identification and other relevant documents relating to their status, such as work and residence permits.

2.2 The two States may jointly, through the African Union High Level Implementation Panel (AUHIP), appeal to the international community for any technical support that may be required for the above exercise.

3. Role of AUHIP

3.1 The African Union High Level Implementation Panel shall convene the first meeting of the Committee.

The Panel shall propose an agenda for the meeting in consultation with the Parties.

3.2 The Panel shall work with the two States to facilitate the implementation of this Agreement.

Part II

Freedoms of Nationals of the Other State

4. The Freedoms

4.1 In accordance with the laws and regulations of each State, nationals of each State shall enjoy in the other State the following freedoms:

(a) Freedom of residence;

(b) Freedom of movement;

(c) Freedom to undertake economic activity;

(d) Freedom to acquire and dispose of property.

4.2 A person who has already exercised any of the freedoms conferred by this Agreement shall not be deprived of that freedom by reason of the amendment or termination of this Agreement.

4.3 The two States shall negotiate an agreement to elaborate the above freedoms.

The AUHIP shall produce a draft text for consideration by the Committee.

Part III

Miscellaneous Provisions

5. Disputes

Any dispute arising from the interpretation or implementation of this agreement shall be settled amicably between the two States.

6. Amendment

The Agreement may be amended by the two States.

7. Termination

7.1 The two States may agree in writing to terminate this Agreement, and the termination shall take effect after thirty (30) days of the date of that agreement.

7.2 Without prejudice to article 7.1.

above, either State may, by written notification, give to the other State sixty (60) days notice of its intention to terminate this Agreement.

The termination shall become effective after sixty (60) days unless it is rescinded by the State giving the notice.

Done in Addis Ababa, this 13th Day of March, 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