Protocol on the Participation of JEM-Sudan at the different levels of Government and on the Integration of its Forces

Country/entity
Sudan
Darfur
Region
Africa (excl MENA)
Agreement name
Protocol on the Participation of JEM-Sudan at the different levels of Government and on the Integration of its Forces
Date
29 Mar 2013
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Implementation/renegotiation
Conflict nature
Government/territory
Peace process
Darfur-Sudan peace process
Parties
For the Government of Sudan, Amb. Osman Mohamed Osman Dirar;
For the Justice and Equality Movement-Sudan, Mr. Arko Sulaiman Dahyia, Vice President;
Third parties
-
Description
Short agreement detailing JEM's participation in the various levels of governance. Article 1 focuses on political power-sharing, Article 2 details military integration, and Article 3 discusses timing. Document also features an Annex, which offers an alternative plan for JEM military integration.


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

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
Power sharing→Political power sharing→General
State level
Sub-state level
Page 1, Preamble
Referring to paragraph 56 of Article 8 of the DDPD on the representation of movements at the various levels of Government;

Page 1, Article 1, Participation of JEM at Different Levels of Government
1. JEM shall submit nominations to the President of the Republic for appointments to the posts of one National Minister and one Minister of State at the central level of Government.

Page 2, Article 1, Participation of JEM at Different Levels of Government
2. JEM shall nominate a candidate for the Council of States of the National Legislature.

Summary: sub state level power sharing is provided for, see below.
Power sharing→Political power sharing→Executive coalition
State level
Sub-state level
Page 2, Article 1, Participation of JEM at Different Levels of Government
3. The DRA Chairperson, in consultation with JEM, shall submit the nominations of the Movement to the President of the Republic for appointment to the following posts at the DRA level in accordance with paragraph 67 to 70 of the DDPD;
i. one (1) Advisor to the DRA Chairperson;
ii. two (02) Ministers;
iii. one (01) Commission Chairperson;
iv. Chairmen of the Darfur Nomads and Herders Developement Council and the Darfur Social Welfare Fund, appointed from a shortlist of JEM competent candidate. Once appointed, they become members of the DRA Executive Council;
v. ten (10) members of the DRA Council, one of whom shall be the First Vice-Chairperson of the Council in accordance with paragraph 71 of Article 10 of the DDPD;

Page 2, Article 1, Participation of JEM at Different Levels of Government
4. The DRA Chairperson, in consultation with JEM, shall appoint two Experts, one in a Ministry and one in a Commission.

Page 2, Article 1, Participation of JEM at Different Levels of Government
5. JEM shall, in accordance with paragraphs 82 and 83 of Article 12 of the DDPD, submit nominations to the Governors (Walis) of the Darfur States to fill the posts of five (05) ministers, one in each of the five Darfur States, two (02) of whom shall be Deputy Governors (Deputy Walis).
Power sharing→Political power sharing→Proportionality in legislature
State level
Sub-state level
Page 2, Article 1, Participation of JEM at Different Levels of Government
6. JEM shall submit nominations for the appointment of thirteen (13) members in the Darfur States' legislative councils.
Power sharing→Political power sharing→Other proportionality
State level
Sub-state level
Page 2, Article 1, Participation of JEM at Different Levels of Government
7. JEM shall submit nominations for the appointment of six (06) commissioners in the Darfur States.

Summary, see also other proportionality in the matters listed under Excutive coaltion above.
Territorial power sharing

No specific mention.

Economic power sharing

No specific mention.

Military power sharing
Power sharing→Military power sharing→Merger of forces
Page 1, Preamble
Referring to paragraph 1 of Article I of the aforementioned Agreement, which stipulates that the "Protocol on the Participation of the Justice and Equality Movement-Sudan at the Different Levels of Government and on the Integration of its Forces" constitutes an integral part of the Agreement;

Page 3, Article 2: Integration of JEM Combatants in the Armed Forces and Police Forces, and Social Integration
8. JEM combatants shall be integrated in the Sudan Armed Forces and Sudan Police Forces in accordance with the integration provisions as stipulated under Article 74 of the DDPD.

Page 3, Article 2: Integration of JEM Combatants in the Armed Forces and Police Forces, and Social Integration
9. The percentage of the verified and eligible combatants to be integrated in the Armed Forces and the Police Forces shall be determined by the Parties after the compeltion of the verification exercise.

Page 3, Article 2: Integration of JEM Combatants in the Armed Forces and Police Forces, and Social Integration
11. The Parties reaffirm their commitment to the criteria for integration as stipulated in paragraphs 456 and 457 of the DDPD, including in particular the allowance made regarding minimum academic qualifications for the integration of officers.

Page 3, Article 3: Sequence and Timelines
12. The various phases of the Final Security Arrangements shall be implemented in accordance with the following sequence and timelines.
i. Phase 1: preparations, including verification, shall commence 7 days after the sighing of this protocol and shall be concluded within 30 days.
ii. Phase 2: redeployment in assembly areas shall commence immediately after the completion of Phase 1 and shall be concluded within 30 days.
iii. Phase 3: limited arms control in the assembly areas shall start immediately after the completion of Phase 2 and shall be concluded within 15 days.
iv. Phase 4: the Integration Phase shall commence immediately after the completion of integration procedures of Phase 3, and shall be concluded within 30 days by sending the combatants to training sites.

Page 4, Article 3: Sequence and Timelines
13. The Chairperson of the CFC, in consultation with the Parties, may accelerate or delay the implementation of the phases in any specific sector, and implement the phases in a concurrent manner where possible.

Page 5, Annex
As an alternative, GOS offers the following integration plan for the consideration of JEM.
1. Two (2) JEM Battalions (BN) and two (02) companies (COYs) shall be integrated in the military with a total number of one thousand (1,000) eligible combatants, officers, and rank and file all inclusive;
2. Each BN shall be composed of four (04) infantry COYs, one of which form the headquarters COY;
Power sharing→Military power sharing→Joint command structures
Page 5, Annex
...
3. Each fighting company shall be constituted of one hundred and one (101) combatants (officers and rank and file inclusive), while the headquarter COY shall be constituted of ninety (90) combatants, officers, and rank and file inclusive;
4. The command of the BN shall be composed of a commanding officer and the second in command; four (04) company commanders and four (04) second in command; and twelve (12) platoon commanders. The number of officers to be integrated per battalion shall be twenty two (22);

Page 5, Annex
5. The command of each COY shall be composed of one (01) commander, one (1) second in command and three (03) platoon commanders;
6. The rank structure shall be a commanding officer (Colonel), a second in command (Lt. colonel), a company commander (Major), a second in command (Captain), and a platoon commander (Lieutenant);
7. The non-commissioned officers to be integrated in the rank structure shall be two (02) Warrant officers, ten (10) Sergeant Major, thirty (30) Sergeants and ninety (90) Corporals;
8. Two (02) senior ranking JEM combatants shall be considered for appointment as Brigadier General with corresponding responsibilities;
9. Three hundred (300) additional combatants shall be integrated in the Police Forces including one (01) Lieutenant Colonel, three (03) Majors, three (03) Captains and nine (09) Lieutenants;
10. Combatants who are not integrated for reasons related to lack of qualification requirements or other reasons shall be considered for DDR programs.

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

No specific mention.

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

No specific mention.


Socio-economic reconstruction

Development or socio-economic reconstruction

No specific mention.

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

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

No specific mention.

Ceasefire
Security sector→Ceasefire→Ceasefire provision
Page 1, Preamble
Recalling the "Ceasefire Agreement between the Government of Sudan and the Justice and Equality Movement-Sudan" signed on 10 February 2013 in Doha;

Page 3, Article 3: Sequence and Timelines
12. The various phases of the Final Security Arrangements shall be implemented in accordance with the following sequence and timelines.
i. Phase 1: preparations, including verification, shall commence 7 days after the sighing of this protocol and shall be concluded within 30 days.
ii. Phase 2: redeployment in assembly areas shall commence immediately after the completion of Phase 1 and shall be concluded within 30 days.
iii. Phase 3: limited arms control in the assembly areas shall start immediately after the completion of Phase 2 and shall be concluded within 15 days.
iv. Phase 4: the Integration Phase shall commence immediately after the completion of integration procedures of Phase 3, and shall be concluded within 30 days by sending the combatants to training sites.

Page 4, Article 3: Sequence and Timelines
13. The Chairperson of the CFC, in consultation with the Parties, may accelerate or delay the implementation of the phases in any specific sector, and implement the phases in a concurrent manner where possible.
Police
Page 3, Article 2: Integration of JEM Combatants in the Armed Forces and Police Forces, and Social Integration
8. JEM combatants shall be integrated in the Sudan Armed Forces and Sudan Police Forces in accordance with the integration provisions as stipulated under Article 74 of the DDPD.

Page 3, Article 2: Integration of JEM Combatants in the Armed Forces and Police Forces, and Social Integration
9. The percentage of the verified and eligible combatants to be integrated in the Armed Forces and the Police Forces shall be determined by the Parties after the compeltion of the verification exercise.

Page 3, Article 2: Integration of JEM Combatants in the Armed Forces and Police Forces, and Social Integration
10. Combatants who are not integrated in the Armed Forces or the Police Forces shall be socially integrated through the DDR programs. They shall also benefit from other social welfare programs as stipulated in the "Agreement between the Government of Sudan and the Justice and Equality Movement-Sudan on the basis of the Doha Document for Peace in Darfur."

Page 5, Annex
9. Three hundred (300) additional combatants shall be integrated in the Police Forces including one (01) Lieutenant Colonel, three (03) Majors, three (03) Captains and nine (09) Lieutenants;
Armed forces
Page 3, Article 2: Integration of JEM Combatants in the Armed Forces and Police Forces, and Social Integration
8. JEM combatants shall be integrated in the Sudan Armed Forces and Sudan Police Forces in accordance with the integration provisions as stipulated under Article 74 of the DDPD.

Page 3, Article 2: Integration of JEM Combatants in the Armed Forces and Police Forces, and Social Integration
9. The percentage of the verified and eligible combatants to be integrated in the Armed Forces and the Police Forces shall be determined by the Parties after the compeltion of the verification exercise.

Page 3, Article 2: Integration of JEM Combatants in the Armed Forces and Police Forces, and Social Integration
10. Combatants who are not integrated in the Armed Forces or the Police Forces shall be socially integrated through the DDR programs. They shall also benefit from other social welfare programs as stipulated in the "Agreement between the Government of Sudan and the Justice and Equality Movement-Sudan on the basis of the Doha Document for Peace in Darfur."
DDR
Security sector→DDR→DDR programmes
Page 3, Annex
10. Combatants who are not integrated for reasons related to lack of qualification requirements or other reasons shall be considered for DDR programs.

Page 3, Article 2: Integration of JEM Combatants in the Armed Forces and Police Forces, and Social Integration
10. Combatants who are not integrated in the Armed Forces or the Police Forces shall be socially integrated through the DDR programs. They shall also benefit from other social welfare programs as stipulated in the "Agreement between the Government of Sudan and the Justice and Equality Movement-Sudan on the basis of the Doha Document for Peace in Darfur."
Intelligence services

No specific mention.

Parastatal/rebel and opposition group forces
Page 1, Preamble
Recalling the "Agreement between the Government of Sudan and the Justice and Equality Movement Sudan on the Basis of the Doha Document for Peace in Darfur" (DDPD) initialed on 24 March 2013;

Page 1, Preamble
Referring to paragraph 1 of Article I of the aforementioned Agreement, which stipulates that the "Protocol on the Participation of the Justice and Equality Movement-Sudan at the Different Levels of Government and on the Integration of its Forces" constitutes an integral part of the Agreement;

Page 1, Preamble
Recalling the "Ceasefire Agreement between the Government of Sudan and the Justice and Equality Movement-Sudan" signed on 10 February 2013 in Doha;

Page 1, Preamble
Referring to paragraph 56 of Article 8 of the DDPD on the representation of movements at the various levels of Government;

Page 1, Article 1, Participation of JEM at Different Levels of Government
1. JEM shall submit nominations to the President of the Republic for appointments to the posts of one National Minister and one Minister of State at the central level of Government.

Page 2, Article 1, Participation of JEM at Different Levels of Government
2. JEM shall nominate a candidate for the Council of States of the National Legislature.

Page 2, Article 1, Participation of JEM at Different Levels of Government
3. The DRA Chairperson, in consultation with JEM, shall submit the nominations of the Movement to the President of the Republic for appointment to the following posts at the DRA level in accordance with paragraph 67 to 70 of the DDPD;
i. one (1) Advisor to the DRA Chairperson;
ii. two (02) Ministers;
iii. one (01) Commission Chairperson;
iv. Chairmen of the Darfur Nomads and Herders Developement Council and the Darfur Social Welfare Fund, appointed from a shortlist of JEM competent candidate. Once appointed, they become members of the DRA Executive Council;
v. ten (10) members of the DRA Council, one of whom shall be the First Vice-Chairperson of the Council in accordance with paragraph 71 of Article 10 of the DDPD;

Page 2, Article 1, Participation of JEM at Different Levels of Government
4. The DRA Chairperson, in consultation with JEM, shall appoint two Experts, one in a Ministry and one in a Commission.

Page 2, Article 1, Participation of JEM at Different Levels of Government
5. JEM shall, in accordance with paragraphs 82 and 83 of Article 12 of the DDPD, submit nominations to the Governors (Walis) of the Darfur States to fill the posts of five (05) ministers, one in each of the five Darfur States, two (02) of whom shall be Deputy Governors (Deputy Walis).

Page 2, Article 1, Participation of JEM at Different Levels of Government
6. JEM shall submit nominations for the appointment of thirteen (13) members in the Darfur States' legislative councils.

Page 2, Article 1, Participation of JEM at Different Levels of Government
7. JEM shall submit nominations for the appointment of six (06) commissioners in the Darfur States.

Page 3, Article 2: Integration of JEM Combatants in the Armed Forces and Police Forces, and Social Integration
8. JEM combatants shall be integrated in the Sudan Armed Forces and Sudan Police Forces in accordance with the integration provisions as stipulated under Article 74 of the DDPD.

Page 3, Article 2: Integration of JEM Combatants in the Armed Forces and Police Forces, and Social Integration
9. The percentage of the verified and eligible combatants to be integrated in the Armed Forces and the Police Forces shall be determined by the Parties after the compeltion of the verification exercise.

Page 3, Article 2: Integration of JEM Combatants in the Armed Forces and Police Forces, and Social Integration
10. Combatants who are not integrated in the Armed Forces or the Police Forces shall be socially integrated through the DDR programs. They shall also benefit from other social welfare programs as stipulated in the "Agreement between the Government of Sudan and the Justice and Equality Movement-Sudan on the basis of the Doha Document for Peace in Darfur."
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
Page 1, Preamble
Reaffirming their desire to building confidence and forge strong partnership to promote and consolidate peace in Darfur through timely implementation of the DDPD and all annexes thereof;

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
UN Peacemaker
http://peacemaker.un.org/
http://peacemaker.un.org/sudan-protocol-participation-jems2013

Source agreement

PROTOCOL ON THE PARTICIPATION OF THE JUSTICE

AND EQUALITY MOVEMENT SUDAN AT THE

DIFFERENT LEVELS OF GOVERNMENT AND

ON THE INTEGRATION

OF ITS FORCES

Preamble

The Government of the Republic of Sudan and the Justice and Equality Movement Sudan, (hereinafter referred to individually as “GoS” and “JEM” respectively and collectively as “the Parties”).

Recalling the “Agreement between the Government of Sudan and the Justice and Equality Movement, Sudan on the Basis of the Doha Document for Peace in Darfur” (DDPD) initialed on 24 March 2013.

Referring to paragraph 1 on Article 1 of the aforementioned Agreement, which stipulates that the “Protocol on the Participation of the Justice and Equality Movement Sudan at the Different Levels of Government and on the Integration of its Forces” constitutes an integral part of the Agreement.

Recalling the Ceasefire Agreement between the Government of Sudan and the Justice and Equality Movement Sudan signed on 10th February 2013 in Doha.

Referring to paragraph.

56 of Article 8 of the DDPD on the representation of movements at the various levels of Government.

Reaffirming their desire to build confidence and forge strong partnership to promote and consolidate peace in Darfur through timely implementation of the DDPD and all annexes thereof.

Have agreed to the following:

Article 1:

Participation of JEM at Different Levels of Government

1. JEM shall submit nominations to the President of the Republic for appointments to the posts of one National Minister and one Minister of State at the central level of Government.

1

2. JEM shall nominate a candidate for the Council of States of the National Legislature.

3. The DRA Chairperson in consultation with JEM shall submit the nominations of the Movement to the President of the Republic for appointment to the following posts at the DRA level in accordance with paragraphs 67 to 70 of the DDPD.

i. one (1) Adviser to the DDR Chairperson;

ii. two (02) Ministers;

iii. one (01) Commission Chairperson;

iv. Chairmen of the Darfur Nomads and Herders Development Council and the Darfur Social Welfare Fund, appointed from a shortlist of JEM competent candidates.

Once appointed they become members of the DRA Executive Council;

v. ten (10) members of the DRA Council one of whom shall be the First Vice-Chairperson of the Council in accordance with paragraph 71 of Article 10 of the DDPD.

4. The DRA Chairperson, in consultation with JEM, shall appoint two Experts, one in a Ministry and one in a Commission.

5. JEM shall, in accordance with paragraphs 82 and 83 of Article 12 of the DDPD, submit nominations to the Governors (Walis) of the Darfur States to fill the posts of five (05) ministers, one in each of the five Darfur States, two (02) of whom shall be the Deputy Governors (Deputy Walis).

6. JEM shall submit nominations for the appointment of thirteen (13) members in the Darfur States legislative councils.

7. JEM shall submit nominations for the appointment of six (06) commissioners in the Darfur States.

Article 2:

Integration of JEM Combatants in the Armed Forces and Police Forces, and Social Integration

For the purposes of achieving the general principles stipulated in Articles 62 and 63 of the DDPD, the Parties undertake to fulfil their obligations in a transparent manner upon the signing of this Protocol.

In this regard the Parties agree to the following:

2

8. JEM combatants shall be integrated in the Sudan Armed Forces and Sudan Police Forces in accordance with the integration provisions as stipulated under Article 74 of the DDPD.

9. The percentage of the verified and eligible combatants to be integrated into the Armed Forces and the Police Forces shall be determined by the Parties after the completion of the verification exercise.

10. Combatants who are not integrated in the Armed Forces of the Police Forces shall be socially integrated through the DDR programs.

They shall also benefit from other social welfare programs as stipulated in the “Agreement between the Government of Sudan and the Justice and Equality Movement Sudan on the basis of the Doha Document for Peace in Darfur”.

11. The Parties reaffirm their commitment to the criteria for integration as stipulated in paragraphs 456 and 457 of the DDPD, including in particular the allowance made regarding minimum academic qualifications for the integration of officers.

Article 3:

Sequence and Timelines

12. The various phases of the Final Security Arrangements shall be implemented in accordance with the following sequence and timelines;

i. Phase 1:

preparations including verification shall commence 7 days after the signing of this Protocol and shall be concluded within 30 days.

ii. Phase 2:

redeployment in assembly areas shall commence immediately after the completion of Phase 1 and shall be concluded within 30 days.

iii. Phase 3:

limited arms control in the assembly areas shall start immediately after the completion of Phase 2 and shall be concluded within 15 days.

iv. Phase 4:

the Integration Phase shall commence immediately after the completion of integration procedures of Phase 3, and shall be concluded within 30 days by sending the combatants to training sites.

3

13. The Chairperson of the CFC in consultation with the Parties may accelerate or delay the implementation of the phases in any specific sector, and implement the phases in a concurrent manner where possible.

Final Provision

14. This Protocol shall immediately enter into force upon its signature and can only be amended upon mutual agreement by both Parties.

Done in Doha, on the 29th day of March 2013 in the Arabic and English languages, both texts being equally authentic.

In the case of discrepancies between the two versions the Arabic version shall prevail.

For the For the

Government of Sudan Justice and Equality Movement Sudan

Amb. Osman Mohamed Dirar Mr Arko Suleiman Dahiya

Vice President

4

Annex

As an alternative GOS offers the following integration plan for the consideration of JEM.

1. Two (02) JEM Batalions (BN) and two (02) companies (COYs) shall be integrated in the military with a total number of one thousand (1,000) eligible combatants, officers and rank and file all inclusive:

2. Each BN shall be composed of four (04) infantry COYs, one of which form the headquarters COY.

3. Each fighting company shall be constituted of one hundred and one (101) combatants, (officers and rank and file inclusive), while the headquarter COY shall be constituted at ninety (90) combatants, officers and rank and file inclusive.

4. The command of the BN shall be composed of a commanding officer and the second in command:

four (04) company commanders and four (04) second in command, and twelve (12) platoon commanders.

The number of officers to be integrated per battalion shall be twenty two (22).

5. The command of each COY shall composed of one (01) commander one (1) second in command and three (03 platoon commanders.

6. The rank structure shall be a commanding officers (Colonel), a second in command (L/colonel);

a company commander (Major), a second in command (Captain) and a platoon commander (Lieutenant).

7. The non-commissioned officers to be integrated in the rank structures shall be two (02) Warrant officers, ten (10) Sergeant Majors, thirty (30) Sergeants and ninety (90) Corporals.

8. Two (02) senior ranking JEM combatants shall be considered for appointment as Brigadier General with corresponding responsibilities.

9. Three hundred (300) additional combatants shall be integrated in the Police Forces including one (01) Lieutenant Colonel, three (03) Majors, three (03) Captains and nine (09) Lieutenants.

10. Combatants who are not integrated for reasons related to lack of qualification requirements or other reasons shall be considered for DDR programs.