Peace File Number 9
A Document Published
by the Sudanese Ministry of External Relations,
Khartoum, 16th April 1997
An occasional paper published by
The Sudan Foundation
(Director: Sean Gabb)
212 Piccadilly
London WC1V 9LD
United Kingdom
Telephone: 0171 917 1854
Fax: 0171 439 0262
E-mail: main@sufo.demon.co.uk
Web Page: http://www.sufo.demon.co.uk
ISBN: 1 86234 030 7
(c) 1997: The Sudan Foundation, Sean Gabb
All opinions expressed herein are those
of the author, and not necessarily those of the Sudan Foundation.
Introduction
This Agreement is the result of long and detailed discussions, held at various times since 1989, between senior representatives of the Government of Sudan and senior representatives of some of the rebel groups active in the south of the country.
These discussions were held partly inside Sudan, but more often in places of mutual convenience outside the country - such as Ethiopia, Kenya and Nigeria. The discussions were encouraged and assisted at various times by officials from African and European countries such as Nigeria, Kenya, Uganda, Germany, Britain, Holland, and Norway.
Every round in the discussions was marked by a further step towards agreement. The greatest single step, however, was taken by the Government of Sudan in 1994, at a conference held in Juba, in the south Sudan. This led directly to the signing of the Peace Charter in April 1996, between the Government of Sudan on one side, and two of the rebel groups on the other - these being the Southern Sudan Independence Movement (SSIM) and the Sudan Peoples
Liberation Movement (Bahr El- Ghazal Group) (SPLA (BGG)).
This internal peace process was subsequently joined by the Equatoria Defence Force. It was also joined by several tribal groups formerly active in the civil war, these having been drawn from the Dinka, the Nuer, the Morley, the Anwak, the Shulak, the Mandari, the Frateet, and the Tibosa peoples among many others. With each of these different versions of Peace Charter were signed.
Common to all these versions of the Peace Charter was a requirement that it should form the basis of a comprehensive settlement of the civil war. During the year since the first signing of the Peace Charter, the various signatories have been in continuous discussion. Now, in April 1997, they have reached a comprehensive settlement.
Summary of the Terms of Agreement
The Agreement is divided into six chapters, and these deal with two issues:
The First Issue concerns the legal and constitutional shape of Sudan, and particularly the entrenchment in law of rights and liberties.
Accordingly, the Agreement specifies,
among much else, the following:
(a) That there shall be a division of powers within Sudan between the Federal
and State Governments. The competencies of the Federal Government
are to be foreign relations, national defence and security, economic planning,
and a right of general supervision. The competencies of the
State Governments are to be local industrial and agricultural development,
education, health, tourism, general administration, and law and order.
This division of powers is to be constitutionally
entrenched.
(b) That there shall be a division of the national wealth. While
State Governments are to be permitted under the Constitution to impose
local and State taxes, and borrow money, the Federal Government is to maintain
the right to impose taxes on the whole of Sudan, and to administer
the national and underground resources of Sudan. This right is to
be held subject to the requirement that a National Fund shall be
established, from which Federal revenues are to be distributed to the States
- with guaranteed percentages set aside for the least developed States,
and for the State where the central organs of government are located.
(c) That the sources of law for Sudan shall be the Islamic Sharia, together with custom. However, each State is to be at liberty to make such additional legislation as suits its convenience.
(d) That there shall, in accordance with law, be sufficient guarantees of freedom of belief, thought, speech, publication, movement, and association.
That there shall be legal protections
of the dignity of the person, together with the prohibition of all forms
of discrimination connected with race, colour, sex, or religion.
That the guarantees of human rights included in all international treaties
to which Sudan is a signatory shall be incorporated into Sudanese
law.
That the Supreme Court shall be the final arbiter of all questions regarding the Constitution and the individual and civil rights entrenched therein; and that all persons shall have the right to seek appropriate remedies from this Court.
(e) That all Sudanese citizens shall
have the right to participate in the democratic process, and to associate
with each other, and to speak freely in all matters touching on the
system of government.
(f) That positive steps shall be taken so far as possible to encourage
citizens of the southern States to participate at all levels and in all
institutions of the Federal Government.
The Second Issue concerns how Sudan shall be governed during the transitional period, until after the holding of the referendum specified in the Agreement.
Accordingly, the Agreement provides for the following:
(1) That the transitional period shall
begin as soon as the Southern States Co-ordinating Council is established.
That the transitional period shall last for four years, during which time
efforts shall be made to restore those regions seriously affected by war
to normality. This requires the rebuilding of basic infrastructure,
the relocation of displaced persons, together with the establishment
of a democratic and efficient system of administration, and all necessary
preparations for the said referendum.
(2) That a Southern States Co-ordinating Council shall be established, to be subordinate to the president of the Republic. It shall consist of a President and Deputy President, and 13 Co-ordinating Ministers, together with the Governors of the ten southern States. Its duties shall be to co-ordinate policy throughout the southern States, and to exercise certain supervisory functions to be delegated by the Federal Government. It shall also carry out the duties of the High Council for Peace.
(3) That there shall be appropriate security arrangements to satisfy the needs of the signatories to the Agreement. During the transitional period, the forces of every group shall remain under the leadership of its commander. At the same time, a Joint Military Technical Committee shall be established to supervise relations between these groups and the Sudanese armed forces in the areas of supplies, training, and so forth. There shall also be a Subordinate Committee established to monitor the ceasefire and military co-ordination.
That there shall be a general amnesty, such to come into force immediately after the signing of the Agreement; and that the workings of this amnesty are to be supervised by special monitoring committees.
(4) That there shall be a free referendum at the end of the transitional period; that this shall be held only in the southern States; that the choice offered to this electorate shall be between a united Sudan and independence for the south; and that all signatories to the Agreement shall respect the outcome of this referendum.
As soon as the Agreement has been signed, it will be presented to the National Assembly for adoption as a basic constitutional law, and will come into force after having been signed by the President of the Republic. Thereafter, it may be amended only on a motion passed by two thirds of the Co-ordinating Council, such to be presented to the National Assembly by the President of the Republic.
It is agreed that the official language of Sudan is to be Arabic, with English as the second language.