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Agreement between the Government of Sudan, the Sudan People's Liberation Movement (SPLM) and the Justice and Equality Movement (JEM), (N'Djamena Agreement)

  • Country/entity

    Sudan
    Darfur
  • Region

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

    Agreement between the Government of Sudan, the Sudan People's Liberation Movement (SPLM) and the Justice and Equality Movement (JEM), (N'Djamena Agreement)
  • Date

    25 Apr 2004
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

    Intrastate/intrastate conflict ( Sudan Conflicts (1955 - ) )
  • Stage

    Framework/substantive - partial
  • Conflict nature

    Government/territory
  • Peace process

    Darfur-Sudan peace process
  • Parties

    For the Government of Sudan, Cherif Ahmad Oumar Badour, the Minister of Investment; For the Sudan Liberation Movement/Sudan Liberation Army (SLM/SLA): Adam Ali Chogar; For the Justice and Equality Movement: Aboubakar Hamid Nour, the General Coordinator
  • Third parties

    [Guarantors] For the Chadian Mediation: Nagoum Yamassoum, the Minister of State, Minister of Foregin Affairs and African Integration; For the African Union: Ki-Doulaye, the Representative of the Chairman of the Commission; [Official Witness] For the United Nations as a witness: Toure I. Modibo, the Resident Coordinator.
  • Description

    An Agreement, under the auspices of the Republic of Chad and with assistance of the African Union and the UN, by the parties that reaffirms their commitment to the Humanitarian Agreement, as well the formation of a Joint Preparatory Commission to determine the agenda, who will participate, the location and date, the appropriate security measures, and the implementation of a future Conference between the Parties. The Joint Commission will be equally representative of each party, and will refer matters of noncompliance to the Chadian Mediation.


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons
    Groups→Refugees/displaced persons→Rhetorical
    Page 3, Article 4: In order to create conditions propitious to the holding of the Conference: c) the parties shall create conditions needed to provide humanitarian assistance to displaced persons and other civilian victims of the conflict and this, wherever they shall be in the region of Darfur.

    Page 3, Article 4: In order to create conditions propitious to the holding of the Conference: g) the parties shall ensure the creation of conditions favourable to the voluntary return of refugees and displaced persons to their homes for their social reintegration.
  • Social class

    No specific mention.


Gender

  • Women, girls and gender

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)
    Page 2, c) Convinced of the need to establish in the Darfur, as an integral part of Sudan, a democratic political life which can ensure the political, economic, and social rights of the populations;
  • 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

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general
    Page 2, c) Convinced of the need to establish in the Darfur, as an integral part of Sudan, a democratic political life which can ensure the political, economic, and social rights of the populations;
  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights
    Human rights and equality→Civil and political rights→Freedom of movement
    Page 3, Article 4: In order to create conditions propitious to the holding of the Conference: e) the parties shall ensure effective free circulation of people and goods throughout the national territory;
  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy
    Page 2, c) Convinced of the need to establish in the Darfur, as an integral part of Sudan, a democratic political life which can ensure the political, economic, and social rights of the populations;
  • 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
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 2, Article 1: The parties reaffirm their will to convene and hold, under the auspices of the Mediation and with the assistance of the international community, a general conference of all the representative of Darfur to discuss the political, economic, and social situation in the Darfur with the view of finding a global and definitive solution between the parties to the conflict;
    Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
    Page 2, e) Reaffirming their commitment to fully implement the provisions of the Humanitarian Agreement which they signed on April 8, 2004 at Ndjamena;

    Page 3, Article 4: In order to create conditions propitious to the holding of the Conference: c) the parties shall create conditions needed to provide humanitarian assistance to displaced persons and other civilian victims of the conflict and this, wherever they shall be in the region of Darfur.
  • 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
    Page 3, Article 2: The parties have decided to immediately establish a Joint Preparatory Commission for the Conference whose tasks shall be to:
    ...
    d) discuss and agree on the security measures related to the organization of the Conference with the assistance of the Mediation;

    Page 3, Article 5: The Conference referred to in article 1 above shall set goals to be achieved, inter-alia in the political, economical, social, military and security areas.
  • Ceasefire
    Security sector→Ceasefire→General commitments
    Page 3, Article 4: In order to create conditions propitious to the holding of the Conference: b) the parties confirm their commitment to reach a definitive and comprehensive cessation of hostilities between them;
  • Police

    No specific mention.

  • Armed forces
    Page 3, Article 5: The Conference referred to in article 1 above shall set goals to be achieved, inter-alia in the political, economical, social, military and security areas.
  • DDR
    Security sector→DDR→Demilitarisation provisions
    Page 3, Article 4: In order to create conditions propitious to the holding of the Conference: d) the Government of Sudan shall ensure that armed militia are neutralized and disarmed in the framework of a programme to be determined.
  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 3, Article 4: In order to create conditions propitious to the holding of the Conference: d) the Government of Sudan shall ensure that armed militia are neutralized and disarmed in the framework of a programme to be determined.
  • 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
    Page 3, Article 4: In order to create conditions propitious to the holding of the Conference: f) the parties shall ensure effective liberation of all prisoners of war and all other persons detained due to the conflict in the Darfur:
  • Vetting

    No specific mention.

  • Victims
    Page 3, Article 4: In order to create conditions propitious to the holding of the Conference: c) the parties shall create conditions needed to provide humanitarian assistance to displaced persons and other civilian victims of the conflict and this, wherever they shall be in the region of Darfur.
  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory
    For the United Nations as a witness: Toure I. Modibo, the Resident Coordinator
  • Other international signatory
    For the Chadian Mediation: Nagoum Yamassoum, the Minister of State, Minister of Foreign Affairs and African Integration; For the African Union: Ki-Doulaye, the Representative of the Chairman of the Commission;
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 3, Article 2: The parties have decided to immediately establish a Joint Preparatory Commission for the Conference whose tasks shall be to: [...]
    e) ensure the follow-up of the implementation of the present agreement;

    Page 4, Article 7: In case of noncompliance by one of the parties, with the provision of this Agreement, the other party shall refer such a case to the Mediation.
  • Related cases

    No specific mention.

  • Source
    UN Peacemaker
    http://peacemaker.un.org
    http://peacemaker.un.org/sudan-slm-jem2004

AGREEMENT BETWEEN THE GOVERNMENT OF SUDAN, THE SUDAN LIBERATION MOVEMENT, AND THE JUSTICE AND EQUALITY MOVEMENT

N’DJAMENA, 25 April 2004

Under the auspices of H.E.M. Idriss DEBY, President of the Republic of Chad, assisted by the African Union Commission and the Organization of the United Nations,

The Sudanese parties represented by:

- the government of the Sudan on the one hand and

- the Sudan Liberation Movement and the Justice and Equality Movement on the other hand:

a) Convinced that only a global, fair and durable solution, peacefully negotiated, can solve the problems of Darfur;

b) Agreeing on the fact that any peaceful and durable of the settlement of the problem of Darfur can be achieved only through frank and sincere dialogue;

c) Convinced of the need to establish in the Darfur, as an integral part of Sudan, a democratic political life which can ensure the political, economic, and social rights of the populations;

d) Determined to combine their efforts to establish a comprehensive and definitive peace in the Darfur;

e) Reaffirming their commitment to fully implement the provisions of the Humanitarian Agreement which they signed on April 8, 2004 at Ndjamena;

Have agreed as follows:

Article 1:

The parties reaffirm their will to convene and hold, under the auspices of the Mediation and with the assistance of the international community, a general conference of all the representatives of Darfur to discuss the political, economic, and social situation in the Darfur with the view of finding a global and definitive solution between the parties to the conflict:

Article 2:

The parties have decided to immediately establish a Joint Preparatory Commission for the Conference whose tasks shall be to:

a) determine the items to be on the agenda of the Conference;

b) determine the participation in the Conference;

c) determine the date and venue of the Conference;

d) discuss and agree on the security measures related to the organization of the Conference with the assistance of the Mediation.

e) ensure the follow-up of the implementation of the present agreement;

Article 3:

The joint Commission shall be composed of 3 representatives of each party.

The Mediation shall assist the Commission in carrying out its mission.

The joint preparatory commission takes its decisions by consensus.

Article 4:

In order to create conditions propitious to the holding of the Conference:

a) the parties reaffirm their commitment to fully implement items 1 and 2 of the agenda adopted at the first meeting and agree to discuss the third item on political matters;

b) the parties confirm their commitment to reach a definitive and comprehensive cessation of hostilities between them;

c) the parties shall create conditions needed to provide humanitarian assistance to displaced persons and other civilian victims of the conflict and this, wherever they shall be in the region of Darfur.

d) the Government of Sudan shall ensure that armed militia are neutralized and disarmed in the framework of a programme to be determined;

e) the parties shall ensure effective free circulation of people and goods throughout the national territory;

f) the parties shall ensure effective liberation of all prisoners of war and all other persons detained due to the conflict in Darfur;

g) the parties shall ensure the creation of conditions favourable to the voluntary return of refugees and displaced persons to their homes for their social reintegration.

Article 5:

The Conference referred to in article 1 above shall set goals to be achieved, inter-alia in the political, economical, social, military and security areas.

Article 6:

The parties have agreed to continue, if they deem it necessary, their discussions within the framework of the Joint Preparatory Commission to complete the provisions of this Agreement.

Article 7:

In case of non-compliance by one of the parties, with the provision of this Agreement, the other party shall refer such a case to the Mediation.

Article 8:

This Agreement shall take effect from its date of signature.

This Agreement is drafted in Arabic, in French and in English, the three texts also being authentic.

N’Djaména, 25 April 2004

For the Government of Sudan For the Chadian Mediation

The Minister of Investment The Minister of State

Minister of Foreign Affairs

and African Integration

CHERIF AHMAD OUMAR BADOUR NAGOUM YAMASSOUM

For the Sudan Liberation Movement/ For the African Union

Sudan Liberation Army (SLM / SLA) The Representative of the

Chairman of the Commission

ADAM ALI CHOGAR KI-DOULAYE CORENTIN

For the Justice and Equality Movement For the United Nations as

The General Coordinator witness, The Resident

Coordinator

ABOUBAKAR HAMID NOUR TOURE I. MODIBO