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

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Country/entity: Sudan
Darfur
Region: 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 - )
Agreements relate to several distinct dyads, and also the negotiated independence of South Sudan, and subsequent internal conflict in South Sudan. Sudan-South Sudan. The long-standing conflict between the north and the south of the country dates back to colonial times, where the British introduced a so-called ‘Southern Policy’, severely hampering population movements between these big regions. Immediately after gaining independence in 1956, southern movements started to fight for independence; this fight became professionalised in 1983 with the foundation of the soon internationally supported Sudan People’s Liberation Army (SPLA). When the Islamic Front government introduced strict sharia laws in the south after it took over power in 1988 the war intensified. A decade later, the military situation reached a stalemate, enabling internationally facilitated peace negotiations to begin in 1997. After more fighting, a final negotiation push began in 2002, leading to the signing of the Comprehensive Peace Areement (CPA) in January 2005.

Sudan-South Sudan post referendum. South Sudan became independent in July 2011; since then, relations between the two countries are complicated and violent conflict led by the SPLM (North) in the Sudanese Nuba mountains region has since intensified.

Darfur. Other long-standing violent conflicts are in the east and the west of the country. In the east, the Beja Congress, established in 1957, is the spearhead of a currently ‘peaceful’ opposition movement. In the west, the violent conflict in Darfur intensified in the early 2000s and rapidly gained international attention, even resulting in genocide charges against leading figures of the Sudanese government. The situation on the ground is complex, with over a dozen organisations (most notably the Sudanese Liberation Movement and the Justice and Equality Movement) fighting the Sudanese government and allied groups like the Janjaweed – although all parties have switched sides on numerous occasions. Several mediation attempts have not been successful, due to the shaky commitment of the Sudanese central government and the distrust among the armed opposition.

South Sudan - internal
In December 2013, after president Salva Kiir accused opposition leader Riek Machar of attempting a coup, violent conflict broke out between government forces of the SPLM/A and anti-governmental groups. In addition, several other political militias as well as communal militias have joined the conflict. In 2015 the Agreement on the Resolution of the Conflict in South Sudan (ARCSS) was signed. Due to unsuccessful implementation the agreement was revitalized in 2018. In September 2019, Kiir and Machar agreed to establish a power-sharing government after struggles on forming a unity transitional government.
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Darfur-Sudan peace process
Parties: For the Government of Sudan, 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.

Agreement document: SD_040425_Agmt between Sudan and the SLM and the JEM.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 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