IGAD
"Secretariat on Peace in the Sudan"Machakos Protocol
July 20, 2002
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.
Dr. Ghazi Salahuddin
Atabani Cdr. Salva Kiir Mayardit
For: The
Government of Sudan
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
AGREED TEXT ON
THE PREAMBLE, PRINCIPLES, AND THE TRANSITION PROCESS 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 equitably
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.
