WHEREAS the Government of the Republic of the Sudan and
the Sudan People's Liberation Movement/Sudan People's Liberation
Army (the Parties) having met in Machakos Kenya, from 18
June 2002 through 20 July 2002 under the auspices of the
IGAD Peace Process; and
WHEREAS the Parties have reiterated their commitment to
a negotiated, peaceful, comprehensive resolution to the
Sudan Conflict within the Unity of Sudan; and
WHEREAS the Parties discussed at length and agreed on a
broad framework which sets forth the principles of governance,
the general procedures to be followed during the transitional
process and the structures of government to be created under
legal and constitutional arrangements to be established;
and
NOW RECORD THAT the Parties have agreed to negotiate and
elaborate in greater detail the specific terms of the Framework,
including aspects not covered in this phase of the negotiations,
as part of the overall Peace Agreement; and
FURTHER RECORD THAT within the above context, the Parties
have reached specific agreement on the Right to Self-Determination
for the people of South Sudan, State and Religion, as well
as the Preamble, Principles, and the Transition Process
from the Draft Framework, the initialed texts of which are
annexed hereto, and all of which will be subsequently incorporated
into the Final Agreement; and
IT IS AGREED AND CONFIRMED THAT the Parties shall resume
negotiations in August, 2002 with the aim of resolving outstanding
issues and realizing comprehensive peace in the Sudan.
[names/signatures]
Dr. Ghazi Salahuddin Atabani For: The Government of Sudan
Cdr. Salva Kiir Mayardit For: The Sudan People's Liberation
Movement/Army
Witnessed by:
Lt. Gen. Lazaro K. Sumbeiywo
Special Envoy
IGAD Sudan Peace Process and
On behalf of the IGAD Envoys
[each subsequent page of the written document bears the
initialing of all three of the above]
AGREED TEXT ON THE PREAMBLE, PRINCIPLES, AND THE TRANSITION
PROCESS (FROM THE DRAFT FRAMEWORK)
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE SUDAN AND
THE SUDAN PEOPLE'S LIBERATION MOVEMENT/SUDAN PEOPLE'S LIBERATION
ARMY
WHEREAS the Government of the Republic of the Sudan and
the Sudan People's Liberation Movement/Sudan People's Liberation
Army (hereafter referred to as the Parties) having met in
Machakos, Kenya, from 18 June 2002 through 20 July 2002;
and
WHEREAS the Parties are desirous of resolving the Sudan
Conflict in a just and sustainable manner by addressing
the root causes of the conflict and by establishing a framework
for governance through which power and wealth shall be equitab
ly shared and human rights guaranteed; and
MINDFUL that the conflict in the Sudan is the longest running
conflict in Africa, that it has caused horrendous loss of
life and destroyed the infrastructure of the country, wasted
economic resources, and has caused untold suffering, particularly
with regard to the people of South Sudan; and
SENSITIVE to historical injustices and inequalities in development
between the different regions of the Sudan that need to
be redressed; and
RECOGNIZING that the present moment offers a window of opportunity
to reach a just peace agreement to end the war; and
CONVINCED that the rejuvenated IGAD peace process under
the chairmanship of the Kenyan President, H.E. Daniel T.
arap Moi, provides the means to resolve the conflict and
reach a just and sustainable peace; and
COMMITTED to a negotiated, peaceful, comprehensive resolution
to the conflict based on the Declaration of Principles (DOP)
for the benefit of all the people of the Sudan;
NOW THEREFORE, the Parties hereto hereby agree as follows:
PART A (AGREED PRINCIPLES)
1.1 That the unity of the Sudan, based on the free will
of its people democratic governance, accountability, equality,
respect, and justice for all citizens of the Sudan is and
shall be the priority of the parties and that it is possible
to redress the grievances of the people of South Sudan and
to meet their aspirations within such a framework.
1.2 That the people of South Sudan have the right to control
and govern affairs in their region and participate equitably
in the National Government.
1.3 That the people of South Sudan have the right to self-determination,
inter alia, through a referendum to determine their future
status.
1.4 That religion, customs, and traditions are a source
of moral strength and inspiration for the Sudanese people.
1.5 That the people of the Sudan share a common heritage
and aspirations and accordingly agree to work together to:
1.6 Establish a democratic system of governance taking account
of the cultural, ethnic, racial, religious and linguistic
diversity and gender equality of the people of the Sudan.
1.7 Find a comprehensive solution that addresses the economic
and social deterioration of the Sudan and replaces war not
just with peace, but also with social, political and economic
justice which respects the fundamental human and political
rights of all the Sudanese people.
1.8 Negotiate and implement a comprehensive cease-fire to
end the suffering and killing of the Sudanese people.
1.9 Formulate a repatriation, resettlement, rehabilitation,
reconstruction and development plan to address the needs
of those areas affected by the war and redress the historical
imbalances of development and resource allocation.
1.10 Design and implement the Peace Agreement so as to make
the unity of the Sudan an attractive option especially to
the people of South Sudan.
1.11 Undertake the challenge by finding a framework by which
these common objectives can be best realized and expressed
for the benefit of all the Sudanese.
PART B (THE TRANSITION PROCESS)
In order to end the conflict and to secure a peaceful and
prosperous future for all the people of the Sudan and in
order to collaborate in the task of governing the country,
the Parties hereby agree to the implementation of the Peace
Agreement in accordance with the sequence, time periods
and process set out below.
2. There shall be a Pre-Interim Period, the duration of
which shall be six (6) months.
2.1 During the Pre-Interim Period:
a) The institutions and mechanisms provided for in the Peace
Agreement shall be established;
b) If not already in force, there shall be a cessation of
hostilities with appropriate monitoring mechanisms established;
c) Mechanisms to implement and monitor the Peace Agreement
shall be created;
d) Preparations shall be made for the implementation of
a comprehensive cease-fire as soon as possible;
e) International assistance shall be sought; and
f) A Constitutional Framework for the Peace Agreement and
the institutions referred to in 2.1 (a) shall be established.
2.2 The Interim Period will commence at the end of the Pre-Interim
Period and shall last for six years.
2.3 Throughout the Interim Period:
a) The institutions and mechanisms established during the
Pre-Interim Period shall be operating in accordance with
the arrangements and principles set out in the Peace Agreement.
b) If not already accomplished, the negotiated comprehensive
cease-fire will be implemented and international monitoring
mechanisms shall be established and operationalized.
2.4 An independent Assessment and Evaluation Commission
shall be established during the Pre-Interim Period to monitor
the implementation of the Peace Agreement and conduct a
mid-term evaluation of the unity arrangements established
under the Peace Agreement.
2.4.1 The composition of the Assessment and Evaluation Commission
shall consist of equal representation from the GOS and the
SPLM/A, and not more than two (2) representatives, respectively,
from each of the following categories:
* Member states of the IGAD Sub-Committee on Sudan (Djibouti,
Eritrea, Ethiopia, Kenya, and Uganda);
* Observer States (Italy, Norway, UK, and US); and
* Any other countries or regional or international bodies
to be agreed upon by the parties.
2.4.2 The Parties shall work with the Commission during
the Interim Period with a view to improving the institutions
and arrangements created under the Agreement and making
the unity of Sudan attractive to the people of South Sudan.
2.5 At the end of the six (6) year Interim Period there
shall be an internationally monitored referendum, organized
jointly by the GOS and the SPLM/A, for the people of South
Sudan to: confirm the unity of the Sudan by voting to adopt
the system of government established under the Peace Agreement;
or to vote for secession.
2.6 The parties shall refrain from any form of unilateral
revocation or abrogation of the Peace Agreement.
Part C (Structures of Government)
To give effect to the agreements set out in Part A, the
Parties, within a framework of a unified Sudan which recognizes
the right to self-determination for the people of Southern
Sudan, hereby agree that with respect to the division of
powers and the structures and functions of the different
organs of government, the political framework of governance
in the Sudan shall be structured as follows:
3.1 Supreme Law
3.1.1 The National Constitution of the Sudan shall be the
Supreme Law of the land. All laws must comply with the National
Constitution. This constitution shall regulate the relations
and allocate the powers and functions between the different
levels of government as well as prescribe the wealth sharing
arrangements between the same. The National
Constitution shall guarantee freedom of belief, worship
and religious practice in full to all Sudanese citizens.
3.1.2 A representative National Constitutional Review Commission
shall be established during the Pre-Transition Period which
shall have as its first task the drafting of a Legal and
Constitutional Framework to govern the Interim Period and
which incorporates the Peace Agreement.
3.1.3 The Framework mentioned above shall be adopted as
shall be agreed upon by the Parties.
3.1.4 During the Interim Period an inclusive Constitutional
Review Process shall be undertaken.
3.1.5 The Constitution shall not be amended or repealed
except by way of special procedures and qualified majorities
in order that the provisions of the Peace Agreement are
protected.
3.2 National Government
3.2.1 There shall be a National Government which shall exercise
such functions and pass such laws as must necessarily be
exercised by a sovereign state at national level. The National
Government in all its laws shall take into account the religious
and cultural diversity of the Sudanese people.
3.2.2 Nationally enacted legislation having effect only
in respect of the states outside Southern Sudan shall have
as its source of legislation Sharia and the consensus of
the people.
3.2.3 Nationally enacted legislation applicable to the southern
States and/or the Southern Region shall have as its source
of legislation popular consensus, the values and the customs
of the people of Sudan including their traditions and religious
beliefs, having regard to Sudan's diversity).
3.2.4 Where national legislation is currently in operation
or is enacted and its source is religious or customary law,
then a state or region, the majority of whose residents
do not practice such religion or customs may:
(i) Either introduce legislation so as to allow or provide
for institutions or practices in that region consistent
with their religion or customs, or
(ii) Refer the law to the Council of States for it to approve
by a two-thirds majority or initiate national legislation
which will provide for such necessary alternative institutions
as is appropriate.
[sections 4 and 5 are not yet available; indications are
that the subjects of these sections are still under negotiation]
AGREED TEXT ON STATE AND RELIGION
Recognizing that Sudan is a multi-cultural, multi-racial,
multi-ethnic, multi-religious, and multi-lingual country
and confirming that religion shall not be used as a divisive
factor, the Parties hereby agree as follows:
6.1 Religions, customs and beliefs are a source of moral
strength and inspiration for the Sudanese people.
6.2 There shall be freedom of belief, worship and conscience
for followers of all religions or beliefs or customs and
no one shall be discriminated against on such grounds.
6.3 Eligibility for public office, including the presidency,
public service and the enjoyment of all rights and duties
shall be based on citizenship and not on religion, beliefs,
or customs.
6.4 All personal and family matters including marriage,
divorce, inheritance, succession, and affiliation may be
governed by the personal laws (including Sharia or other
religious laws, customs, or traditions) of those concerned.
6.5 The Parties agree to respect the following Rights:
* To worship or assemble in connection with a religion or
belief and to establish and maintain places for these purposes;
* To establish and maintain appropriate charitable or humanitarian
institutions;
* To make, acquire and use to an adequate extent the necessary
articles and materials related to the rites or customs of
a religion or belief;
* To write, issue and disseminate relevant publications
in these areas;
* To teach religion or belief in places suitable for these
purposes;
* To solicit and receive voluntary financial and other contributions
from individuals and institutions;
* To train, appoint, elect or designate by succession appropriate
leaders called for by the requirements and standards of
any religion or belief;
* To observe days of rest and to celebrate holidays and
ceremonies in accordance with the precepts of one's religious
beliefs;
* To establish and maintain communications with individuals
and communities in matters of religion and belief and at
the national and international levels;
* For avoidance of doubt, no one shall be subject to discrimination
by the National Government, state, institutions, group of
persons or person on grounds of religion or other beliefs.
6.6 The Principles enumerated in Section 6.1 through 6.5
shall be reflected in the Constitution.
AGREED TEXT ON THE RIGHT TO SELF-DETERMINATION FOR THE PEOPLE
OF SOUTH SUDAN
1.3 That the people of South Sudan have the right to self-determination,
inter alia, through a referendum to determine their future
status.
2.4 An independent Assessment and Evaluation Commission
shall be established during the Pre-Transition period to
monitor the implementation of the Peace Agreement during
the Interim Period. This Commission shall conduct a mid-term
evaluation of the unity arrangements established under the
Peace Agreement.
2.4.1 The composition of the Assessment and Evaluation Commission
shall consist of equal representation from the GOS and the
SPLM/A, and not more than two (2) representatives, respectively,
from each of the following categories:
* Member states of the IGAD Sub-Committee on Sudan (Djibouti,
Eritrea, Ethiopia, Kenya, and Uganda);
* Observer States (Italy, Norway, UK, and US); and
* Any other countries or regional or international bodies
to be agreed upon by the parties.
2.4.2 The Parties shall work with the Commission during
the Interim Period with a view to improving the institutions
and arrangements created under the Agreement and making
the unity of Sudan attractive to the people of South Sudan.
2.5 At the end of the six (6) year interim period there
shall be an internationally monitored referendum, organized
jointly by the GOS and the SPLM/A, for the people of South
Sudan to: confirm the unity of the Sudan by voting to adopt
the system of government established under the Peace Agreement;
or to vote for secession.
2.6 The Parties shall refrain from any form of unilateral
revocation or abrogation of the Peace Agreement.
