The IGAD Declaration of Principles

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Country/entity: South Sudan
Sudan
Region: Africa (excl MENA)
Agreement name: The IGAD Declaration of Principles
Date: 20 May 1994
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: Sudanese (North-South) peace process
Parties: Representative of the Government of the Republic of the Sudan (GOS); Sudan People's Liberation Movement/Sudan People's Liberation Army (SPLM/SPLA).
Third parties: -
Description: Principles that constitute the basis for resolving the conflict, including an acknowledgment and acceptance by the parties that a military solution has not and will not bring peace, the people of South Sudan must have the right to self-determine their status, including for independence, and that unity of Sudan must be established in the political, legal, economic and social framework of the country with a sense of equality in wealth-sharing, respect for human rights, a constitutionally-founded independent judiciary, and a separation of religion and the state.

Agreement document: SD_940520_IGAD Principles.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: Groups→Racial/ethnic/national group→Rhetorical
Page 2, 3.1 Sudan is a multi-racial, multi-ethnic, multi-religious and multi-cultural society. Full recognition and accommodation of these diversities must be affirmed.
Religious groups: Groups→Religious groups→Rhetorical
Page 2, 3.1 Sudan is a multi-racial, multi-ethnic, multi-religious and multi-cultural society. Full recognition and accommodation of these diversities must be affirmed.
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: Page 2, 3.4 A secular and democratic state must be established in the Sudan. Freedom of belief and worship and religious practice shall be guaranteed in full to all the Sudanese citizens. State and religion shall be separated. The basis of personal and family laws can be religion and customs.

State definition

Nature of state (general): Page 2, 3. Maintaining unity of the Sudan must be given priority by all the parties provided that the following principles are established in the political, legal, economic and social framework of the country:

Page 2, 3.1 Sudan is a multi-racial, multi-ethnic, multi-religious and multi-cultural society. Full recognition and accommodation of these diversities must be affirmed.

Page 2, 3.2 Complete political and social equalities of all people in the Sudan must be guaranteed by law.

Page 2, 3.3 Extensive rights of self-administration on the basis of federation, autonomy, etc., to the various people of the Sudan must be affirmed.

Page 2, 3.4 A secular and democratic state must be established in the Sudan. Freedom of belief and worship and religious practice shall be guaranteed in full to all the Sudanese citizens. State and religion shall be separated. The basis of personal and family laws can be religion and customs.

Page 2, 3.5 Appropriate and fair sharing of wealth among the various peoples of the Sudan must be realized.

Page 2, 3.6 Human rights as internationally recognized shall form part and parcel of this arrangement and shall be embodied in Constitution.

Page 2, 3.7 The independence of the Judiciary shall be enshrined in the Constitution and laws of the Sudan.
State configuration: No specific mention.
Self determination: Page 1, 2. The rights of self-determination of the people of South Sudan to determine their future status through a referendum must be affirmed;

Page 2, 3.3 Extensive rights of self-administration on the basis of federation, autonomy, etc., to the various people of the Sudan must be affirmed.

Page 2, 4. In the absence of agreement on the above principles referred to in 3.1 – 3.7 the respective people will have the option to determine their future including independence, through a referendum.
Referendum: Page 1, 2. The rights of self-determination of the people of South Sudan to determine their future status through a referendum must be affirmed;

Page 2, 4. In the absence of agreement on the above principles referred to in 3.1 – 3.7 the respective people will have the option to determine their future including independence, through a referendum.
State symbols: No specific mention.
Independence/secession: Page 2, 4. In the absence of agreement on the above principles referred to in 3.1 – 3.7 the respective people will have the option to determine their future including independence, through a referendum.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 2, 3. Maintaining unity of the Sudan must be given priority by all the parties provided that the following principles are established in the political, legal, economic and social framework of the country:

Page 2, 3.4 A secular and democratic state must be established in the Sudan. Freedom of belief and worship and religious practice shall be guaranteed in full to all the Sudanese citizens. State and religion shall be separated. The basis of personal and family laws can be religion and customs.

Page 2, 3.7 The independence of the Judiciary shall be enshrined in the Constitution and laws of the Sudan.
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: Governance→Constitution→Constitutional reform/making
Page 2, 3.6 Human rights as internationally recognized shall form part and parcel of this arrangement and shall be embodied in Constitution.

Page 2, 3.7 The independence of the Judiciary shall be enshrined in the Constitution and laws of the Sudan.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 2, 3.3 Extensive rights of self-administration on the basis of federation, autonomy, etc., to the various people of the Sudan must be affirmed.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 2, 3.5 Appropriate and fair sharing of wealth among the various peoples of the Sudan must be realized.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 2, 3.1 Sudan is a multi-racial, multi-ethnic, multi-religious and multi-cultural society. Full recognition and accommodation of these diversities must be affirmed.

Page 2, 3.2 Complete political and social equalities of all people in the Sudan must be guaranteed by law.

Page 2, 3.4 A secular and democratic state must be established in the Sudan. Freedom of belief and worship and religious practice shall be guaranteed in full to all the Sudanese citizens. State and religion shall be separated. The basis of personal and family laws can be religion and customs.

Page 2, 3.6 Human rights as internationally recognized shall form part and parcel of this arrangement and shall be embodied in Constitution.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Vote and take part
Page 1, 2. The rights of self-determination of the people of South Sudan to determine their future status through a referendum must be affirmed;
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 2, 3.4 A secular and democratic state must be established in the Sudan. Freedom of belief and worship and religious practice shall be guaranteed in full to all the Sudanese citizens. State and religion shall be separated. The basis of personal and family laws can be religion and customs.
Socio-economic rights: Human rights and equality→Socio-economic rights→Cultural life
Page 2, 3.4 A secular and democratic state must be established in the Sudan. Freedom of belief and worship and religious practice shall be guaranteed in full to all the Sudanese citizens. State and religion shall be separated. The basis of personal and family laws can be religion and customs.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 2, 3.4 A secular and democratic state must be established in the Sudan. Freedom of belief and worship and religious practice shall be guaranteed in full to all the Sudanese citizens. State and religion shall be separated. The basis of personal and family laws can be religion and customs.
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: Page 2, 3.7 The independence of the Judiciary shall be enshrined in the Constitution and laws of the Sudan.
Prisons and detention: No specific mention.
Traditional Laws: Page 2, 3.4 A secular and democratic state must be established in the Sudan. Freedom of belief and worship and religious practice shall be guaranteed in full to all the Sudanese citizens. State and religion shall be separated. The basis of personal and family laws can be religion and customs.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, 3. Maintaining unity of the Sudan must be given priority by all the parties provided that the following principles are established in the political, legal, economic and social framework of the country:
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 2, 6. The parties shall negotiate a cease-fire agreement to enter into force as part of the overall settlement of the conflict in the Sudan.
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: 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: No specific mention.

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: Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.

THE IGAD DECLARATION OF PRINCIPLES

We, Representatives of the Government of the Republic of the Sudan (hereinafter referred to as the GOS).

The Sudan People’ s Liberation

Movement/Sudan People’ s Liberation Army and the Sudan People’ s Liberation Movement/Sudan People’ s Liberation Army-United (hereinafter referred to as the SPLM/SPLA and SPLM/SPLA-United respectively).

Recalling the previous peace talks between the Government of the Sudan on the one hand, the SPLM/SPLA and SPLM/SPLA-United on the other, namely Addis Ababa in August 1989, Nairobi in December 1989, Abuja in May/July 1992, Abuja in April/May 1993, Nairobi in May 1993, and Frankfurt in January 1992.

Cognizant of the importance of the unique opportunity by the IGAD peace initiative to reach a negotiated peaceful solution to the conflict in the Sudan;

Concerned by the continued human suffering and misery in the war-affected areas;

Hereby agree in the following Declaration of Principles (DOP) that would constitute the basis for resolving the conflict in the Sudan:-

1. Any comprehensive resolution of the Sudan conflict requires that all parties to the conflict fully accept and commit themselves to that

position that:-

1.1 The history and nature of the Sudan conflict demonstrate that a military solution can not bring lasting peace and stability tot he country.

1.2 A peaceful and just political solution must be the common objective of the parties to the conflict.

2. The rights of self-determination of the people of South Sudan to determine their future status through a referendum must be affirmed;

and

3. Maintaining unity of the Sudan must be given priority by all the parties provided that the following principles are established in the political,

legal, economic and social framework of the country:

3.1 Sudan is a multi-racial, multi-ethnic, multi-religious and multi-cultural society.

Full recognition and accommodation of these diversities must be affirmed.

3.2 Complete political and social equalities of all people in the Sudan must be guaranteed by law.

3.3 Extensive rights of self-administration on the basis of federation, autonomy, etc.,

to the various people of the Sudan must be affirmed.

3.4 A secular and democratic state must be established in the Sudan.

Freedom of belief and worship and religious practice shall be guaranteed in full to all the Sudanese citizens.

State and religion shall be separated.

The basis of personal and family laws can be religion and customs.

3.5 Appropriate and fair sharing of wealth among the various peoples of the Sudan must be realized.

3.6 Human rights as internationally recognized shall form part and parcel of this arrangement and shall be embodied in Constitution.

3.7 The independence of the Judiciary shall be enshrined in the Constitution and laws of the Sudan.

4. In the absence of agreement on the above principles referred to in 3.1 –

3.7 the respective people will have the option to determine their future including independence, through a referendum.

5. An interim arrangement shall be agreed upon, the duration and the tasks of which should be negotiated by the parties.

6. The parties shall negotiate a cease-fire agreement to enter into force as part of the overall settlement of the conflict in the Sudan.

Nairobi, 20 May 1994.