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 Sudan Peace Act
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(Engrossed in House )
107th CONGRESS
1st Session
H. R. 2052
AN ACT
To facilitate famine relief efforts and a comprehensive solution to the war in Sudan.
HR 2052 EH
107th CONGRESS
1st Session
H. R. 2052
AN ACT
To facilitate famine relief efforts and a comprehensive solution to the war in Sudan.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Sudan Peace Act'.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Government of Sudan has intensified its prosecution of the war against areas outside of its control, which has already cost more than 2,000,000 lives and has displaced more than 4,000,000 people.
(2) A viable, comprehensive, and internationally sponsored peace process, protected from manipulation, presents the best chance for a permanent resolution of the war, protection of human rights, and a self-sustaining Sudan.
(3) Continued strengthening and reform of humanitarian relief operations in Sudan is an essential element in the effort to bring an end to the war.
(4) Continued leadership by the United States is critical.
(5) Regardless of the future political status of the areas of Sudan outside of the control of the Government of Sudan, the absence of credible civil authority and institutions is a major impediment to achieving self-sustenance by the Sudanese people and to meaningful progress toward a viable peace process.
(6) Through the manipulation of traditional rivalries among peoples in areas outside of its full control, the Government of Sudan has used divide-and-conquer techniques effectively to subjugate its population. However, internationally sponsored reconciliation efforts have played a critical role in reducing human suffering and the effectiveness of this tactic.
(7) The Government of Sudan utilizes and organizes militias, Popular Defense Forces, and other irregular units for raiding and enslaving parties in areas outside of the control of the Government of Sudan in an effort to disrupt severely the ability of the populations in those areas to sustain themselves. The tactic helps minimize the Government of Sudan's accountability internationally.
( The Government of Sudan has repeatedly stated that it intends to use the expected proceeds from future oil sales to increase the tempo and lethality of the war against the areas outside of its control.
(9) By regularly banning air transport relief flights by the United Nations relief operation, Operation Lifeline Sudan (OLS), the Government of Sudan has been able to manipulate the receipt of food aid by the Sudanese people from the United States and other donor countries as a devastating weapon of war in the ongoing effort by the Government of Sudan to starve targeted groups and subdue areas of Sudan outside of the Government's control.
(10) The acts of the Government of Sudan, including the acts described in this section, constitute genocide as defined by the Convention on the Prevention and Punishment of the Crime of Genocide (78 U.N.T.S. 277).
(11) The efforts of the United States and other donors in delivering relief and assistance through means outside of OLS have played a critical role in addressing the deficiencies in OLS and offset the Government of Sudan's manipulation of food donations to advantage in the civil war in Sudan.
(12) While the immediate needs of selected areas in Sudan facing starvation have been addressed in the near term, the population in areas of Sudan outside of the control of the Government of Sudan are still in danger of extreme disruption of their ability to sustain themselves.
(13) The Nuba Mountains and many areas in Bahr al Ghazal and the Upper Nile and the Blue Nile regions have been excluded completely from relief distribution by OLS, consequently placing their populations at increased risk of famine.
(14) At a cost which has sometimes exceeded $1,000,000 per day, and with a primary focus on providing only for the immediate food needs of the recipients, the current international relief operations are neither sustainable nor desirable in the long term.
(15) The ability of populations to defend themselves against attack in areas outside of the control of the Government of Sudan has been severely compromised by the disengagement of the front-line states of Ethiopia, Eritrea, and Uganda, fostering the belief among officials of the Government of Sudan that success on the battlefield can be achieved.
(16) The United States should use all means of pressure available to facilitate a comprehensive solution to the war in Sudan, including--
(A) the multilateralization of economic and diplomatic tools to compel the Government of Sudan to enter into a good faith peace process;
(B) the support or creation of viable democratic civil authority and institutions in areas of Sudan outside of government control;
(C) continued active support of people-to-people reconciliation mechanisms and efforts in areas outside of government control;
(D) the strengthening of the mechanisms to provide humanitarian relief to those areas; and
(E) cooperation among the trading partners of the United States and within multilateral institutions toward those ends.
SEC. 3. DEFINITIONS.
In this Act:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.
(2) GOVERNMENT OF SUDAN- The term `Government of Sudan' means the National Islamic Front government in Khartoum, Sudan.
(3) OLS- The term `OLS' means the United Nations relief operation carried out by UNICEF, the World Food Program, and participating relief organizations known as `Operation Lifeline Sudan'.
SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND TACTICS OF THE GOVERNMENT OF SUDAN.
The Congress hereby--
(1) condemns--
(A) violations of human rights on all sides of the conflict in Sudan;
(B) the Government of Sudan's overall human rights record, with regard to both the prosecution of the war and the denial of basic human and political rights to all Sudanese;
(C) the ongoing slave trade in Sudan and the role of the Government of Sudan in abetting and tolerating the practice;
(D) the Government of Sudan's use and organization of `murahalliin' or `mujahadeen', Popular Defense Forces (PDF), and regular Sudanese Army units into organized and coordinated raiding and slaving parties in Bahr al Ghazal, the Nuba Mountains, and the Upper Nile and the Blue Nile regions; and
(E) aerial bombardment of civilian targets that is sponsored by the Government of Sudan; and
(2) recognizes that, along with selective bans on air transport relief flights by the Government of Sudan, the use of raiding and slaving parties is a tool for creating food shortages and is used as a systematic means to destroy the societies, culture, and economies of the Dinka, Nuer, and Nuba peoples in a policy of low-intensity ethnic cleansing.
SEC. 5. USE OF APPROPRIATED FUNDS.
The Congress urges the President to promptly make available to the National Democratic Alliance the $10,000,000 in funds appropriated for assistance to such group under the heading `OTHER BILATERAL ECONOMIC ASSISTANCE, ECONOMIC SUPPORT FUND' in title I of H.R. 5526 of the 106th Congress, as enacted into law by section 101(a) of Public Law 106-429.
SEC. 6. SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE PROCESS.
(a) FINDINGS- The Congress hereby recognizes that--
(1) a single viable, internationally and regionally sanctioned peace process holds the greatest opportunity to promote a negotiated, peaceful settlement to the war in Sudan; and
(2) resolution of the conflict in Sudan is best made through a peace process based on the Declaration of Principles reached in Nairobi, Kenya, on July 20, 1994.
(b) UNITED STATES DIPLOMATIC SUPPORT- The Secretary of State is authorized to utilize the personnel of the Department of State for the support of--
(1) the ongoing negotiations between the Government of Sudan and opposition forces;
(2) any necessary peace settlement planning or implementation; and
(3) other United States diplomatic efforts supporting a peace process in Sudan.
SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS.
It is the sense of the Congress that--
(1) the United Nations should be used as a tool to facilitate peace and recovery in Sudan; and
(2) the President, acting through the United States Permanent Representative to the United Nations, should seek to--
(A) revise the terms of OLS to end the veto power of the Government of Sudan over the plans by OLS for air transport relief flights and, by doing so, to end the manipulation of the delivery of relief supplies to the advantage of the Government of Sudan on the battlefield;
(B) investigate the practice of slavery in Sudan and provide mechanisms for its elimination; and
(C) sponsor a condemnation of the Government of Sudan each time it subjects civilians to aerial bombardment.
SEC. 8. DISCLOSURE OF BUSINESS ACTIVITIES IN SUDAN.
(a) DISCLOSURE REQUIREMENTS- No entity that is engaged in any commercial activity in Sudan may trade any of its securities (or depository receipts with respect to its securities) in any capital market in the United States unless that entity has disclosed, in such form as the Securities and Exchange Commission shall prescribe--
(1) the nature and extent of that commercial activity in Sudan, including any plans for expansion or diversification;
(2) the identity of all agencies of the Sudanese Government with which the entity is doing business;
(3) the relationship of the commercial activity to any violations of religious freedom and other human rights in Sudan; and
(4) the contribution that the proceeds raised in the capital markets in the United States will make to the entity's commercial activity in Sudan.
(b) DISCLOSURE TO THE PUBLIC- The Securities and Exchange Commission shall take the necessary steps to ensure that disclosures under subsection (a) are published or otherwise made available to the public.
(c) ENFORCEMENT AUTHORITY- The President may exercise the authorities he has under the International Emergency Economic Powers Act to assist the Securities and Exchange Commission in carrying out this section.
SEC. 9. PROHIBITION ON TRADING IN UNITED STATES CAPITAL MARKETS.
(a) PROHIBITION- The President shall exercise the authorities he has under the International Emergency Economic Powers Act to prohibit any entity engaged in the development of oil or gas in Sudan--
(1) from raising capital in the United States; or
(2) from trading its securities (or depository receipts with respect to its securities) in any capital market in the United States.
(b) DEFINITION- For purposes of this section, an entity is `engaged in the development of oil or gas in Sudan' if that entity is directly engaged in the exploration, production, transportation (by pipeline or otherwise), or refining of petroleum, natural gas, or petroleum products in Sudan.
SEC. 10. REPORTING REQUIREMENT.
Not later than six months after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall prepare and submit to the appropriate congressional committees a report regarding the conflict in Sudan. Such report shall include--
(1) a description of the sources and current status of Sudan's financing and construction of infrastructure and pipelines for oil exploitation, the effects of such financing and construction on the inhabitants of the regions in which the oil fields are located, and the ability of the Government of Sudan to finance the war in Sudan with the proceeds of the oil exploitation;
(2) a description of the extent to which that financing was secured in the United States or with involvement of United States citizens;
(3) the best estimates of the extent of aerial bombardment by the Government of Sudan, including targets, frequency, and best estimates of damage; and
(4) a description of the extent to which humanitarian relief has been obstructed or manipulated by the Government of Sudan or other forces.
SEC. 11. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF EFFORTS.
(a) SENSE OF CONGRESS- It is the sense of the Congress that the President should continue to increase the use of non-OLS agencies in the distribution of relief supplies in southern Sudan.
(b) REPORT- Not later than 90 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a detailed report describing the progress made toward carrying out subsection (a).
SEC. 12. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF FLIGHTS.
(a) PLAN- The President shall develop a contingency plan to provide, outside the auspices of the United Nations if necessary, the greatest possible amount of United States Government and privately donated relief to all affected areas in Sudan, including the Nuba Mountains and the Upper Nile and the Blue Nile regions, in the event that the Government of Sudan imposes a total, partial, or incremental ban on OLS air transport relief flights.
(b) REPROGRAMMING AUTHORITY- Notwithstanding any other provision of law, in carrying out the plan developed under subsection (a), the President may reprogram up to 100 percent of the funds available for support of OLS operations (but for this subsection) for the purposes of the plan.
SEC. 13. INVESTIGATION OF WAR CRIMES.
(a) IN GENERAL- The Secretary of State shall collect information about incidents which may constitute crimes against humanity, genocide, war crimes, and other violations of international humanitarian law by all parties to the conflict in Sudan, including slavery, rape, and aerial bombardment of civilian targets.
(b) REPORT- Not later than six months after the date of the enactment of this Act and annually thereafter, the Secretary of State shall prepare and submit to the appropriate congressional committees a detailed report on the information that the Secretary of State has collected under subsection (a) and any findings or determinations made by the Secretary on the basis of that information. The report under this subsection may be submitted as part of the report required under section 9.
(c) CONSULTATIONS WITH OTHER DEPARTMENTS- In preparing the report required by this section, the Secretary of State shall consult and coordinate with all other Government officials who have information necessary to complete the report. Nothing contained in this section shall require the disclosure, on a classified or unclassified basis, of information that would jeopardize sensitive sources and methods or other vital national security interests.
Passed the House of Representatives June 13, 2001.
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 Re: Sudan Peace Act (Re: Ahlalawad)
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في ما يلي نص قانون سلام السودان الذي أجازه الكونغرس الأميركي ووقع عليه امس الرئيس الأميركي جورج بوش ليصبح قانونا ساري المفعول:
خلفية
* اودع مشروع القانون للمناقشة مساء الاثنين 7/10/2002 وتمت اجازته في مجلس النواب بأغلبية 359 صوتاً في مقابل ثمانية اصوات ضده. ومن ثم اودع في مجلس الشيوخ حيث اجيز فيه بالاجماع مساء الخميس 10/10/2002 والقانون جاهز الآن لتوقيع الرئيس الأميركي ليصبح نافذاًُ.
* الهدف المعلن لمشروع القانون هو تسهيل جهود الاغاثة والحل الشامل لمشكلة الحرب في جنوب السودان.
* الباب الأول: يسمى هذا القانون (قانون سلام السودان Sudan Peace Act)
* الباب الثاني: الخلاصات التي توصل اليها الكونغرس:
1 ـ كثفت الحكومة السودانية من حملتها العسكرية على المناطق التي تقع خارج سيطرته بجنوب السودان الامر الذي كلف حتى الآن ازهاق مليوني روح ونزوح 4 ملايين نسمة.
2 ـ عملية سلام فعالة قابلة للتطبيق وشاملة برعاية دولية محمية من المناورات والتلاعب تمثل احسن فرصة لاحراز سلام دائم يحمي حقوق الانسان ويمكن السودان من الاعتماد على ذاته.
3 ـ التقوية والاصلاح المستمر لعمليات العون الانساني عامل اساسي لوضع نهاية للحرب 4 ـ استمرار قيادة الولايات المتحدة لهذه الجهود امر بالغ الاهمية.
5 ـ بغض النظر عن مستقبل الوضع السياسي للمناطق التي تقع خارج سيطرة الحكومة، فان غياب السلطات والمؤسسات المدنية ذات المصداقية يمثل عائقاً لاحراز تقدم في اعتماد السكان على انفسهم وبالتالي تحقيق تقدم حقيقي نحو سلام ناجع لاعادة تأهيل تلك المناطق بعد الحرب.
6 ـ توظف الحكومة التنافس التقليدي للأهالي في بعض المناطق، فان الحكومة وباتباع سياسة (فرق تسد) لاخضاع الناس هناك، رغم الجهود الدولية للمصالحة الأهلية والتي لعبت دوراً هاماً في تخفيف المعاناة الانسانية وقللت من فعالية تلك السياسات والتكتيكات.
7 ـ تستخدم حكومة السودان تنظيم الميليشيات وقوات الدفاع الشعبي ووحدات غير نظامية اخرى للاغارة على واسترقاق مجموعات اخرى في المناطق التي تقع خارج سيطرة الحكومة في مسعى لتدمير قدرات هؤلاء الناس على العيش والاعتماد على الذات.. وهذا التكتيك يحد من مسؤولية الحكومة تجاه تلك الأفعال امام المجتمع الدولي.
8 ـ اعلنت حكومة السودان مرارا انها تنوي استغلال عائدات النفط المتوقعة لتقوية الآلية العسكرية والقدرات القتالية والأسلحة الفتاكة ضد المناطق التي تقع خارج سيطرتها.
9 ـ عن طريق الحظر المستمر لرحلات الاغاثة الجوية للأمم المتحدة في عمليات شريان الحياة ، فقد تمكنت الحكومة من التأثير على تدفقات الاغاثة من الدول المانحة كالولايات المتحدة بهدف تجويع وارهاق المواطنين في تلك المناطق التي تقع خارج سيطرة الحكومة.
10 ـ ان مثل هذه التصرفات تمثل تطهيرا عرقياً كما يعرفها (ميثاق حظر ومعاقبة جرائم التطهير العرقي).
11 ـ جهود الولايات المتحدة وغيرها من المانحين خارج عمليات شريان الحياة لعبت دوراً هاماً في معالجة الاختناقات في تلك العملية وحيدت جهود الحكومة في التلاعب بها لصالح ميزانها العسكري.
12 ـ بينما تمت مواجهة الاحتياجات الملحة في مناطق مختارة في السودان على المدى القريب فان سكان المناطق التي تقع خارج سيطرة الحكومة يعانون خطر المجاعة والتجريد من اسباب المعيشة.
13 ـ سكان جبال النوبة ومناطق كبيرة في بحرالغزال وأعالي النيل والنيل الأزرق تم استبعادها تماماً من توزيع الأغاثة عن طريق برنامج شريان الحياة مما يعرض هؤلاء لخطر متزايد من فقدان الغذاء.
14 ـ بتكلفة تربو على المليون دولار يومياً بتركيز اساسي على الاحتياجات الضرورية للغذاء فان تنفيذ عمليات الأغاثة غير مستدام ولا مرغوب فيه على المدى الطويل.
45 ـ ان قدرة السكان في المناطق التي تقع خارج سيطرة الحكومة على الدفاع عن انفسهم ضعفت بشدة بعد ان استبعدت دول مثل اريتريا واثيوبيا ويوغندا عن خط المواجهة العسكرية، معززين بذلك الاعتقاد لدى المسؤولين الحكوميين بامكانية تحقيق نصر عسكري ميداني.
16ـ على الولايات المتحدة ان تتخذ كافة الوسائل المتاحة للضغط للوصول الى حل شامل للحرب في السودان، بما في ذلك:
(أ) توسيع اساليب الضغط الاقتصادية والدبلوماسية من كل العالم على حكومة السودان للدخول بعزيمة صادقة في عملية السلام.
(بدعم ومساندة خلق جهاز مدني فاعل في تلك المناطق.
(ج) الدعم النشط لآلية المصالحة بين المواطنين في تلك المناطق.
(د) تقوية آلية تقديم المساعدات الانسانية.
(هـ) التعاون بين شركاء الولايات المتحدة التجاريين لتحقيق تلك السياسات.
* الباب الثالث في هذا القانون
* تعريفات اللجنة المختصة 1 ـ تعني اللجنة المختصة في الكونغرس.
2 ـ حكومة السودان: تعني حكومة الجبهة الاسلامية القومية في الخرطوم.
OLS تعني عملية الأمم المتحدة للاغاثةالتي تقوم بها اليونيسيف ـ برنامج OperationlifelineSudan ومنظمات الاغاثة المشاركة ـ المعروفة بعملية شريان الحياة بالسودان.
* الباب الرابع: ادانة الرق ـ انتهاكات حقوق الانسان والممارسات الاخرى لحكومة السودان.
بهذا فان الكونغرس يدين:
أ/ انتهاكات حقوق الانسان من كل اطراف النزاع في السودان.
ب/ سجل حكومة السودان عموما في مجال حقوق الانسان في ما يتصل بالحرب وتعطيل الحقوق السياسية والانسانية لكل السودانيين.
ج/ استمرار تجارة الرقيق في السودان ودور الحكومة في التحريض عليها او السكوت عنها.
د/ استخدام حكومة السودان وتنظيمها لقوات المراحيل والمجاهدين والدفاع الشعبي ووحدات من الجيش النظامي في شكل غارات وفرق استرقاق في بحر الغزال وجبال النوبة وأعالي النيل والنيل الأزرق.
هـ/ القصف الجوي للأهداف المدنية بواسطة الحكومة.
يؤكد الكونغرس على الحظر الانتقائي لرحلات الاغاثة الجوية واستعمال سياسة فرق تسد. وحملات الاسترقاق ـ لتستعمل كوسيلة لخلق فجوات غذائية وتستعمل كوسيلة منظمة لتحطيم المجتمع والثقافة والاقتصاد للدينكا والنوير وأهالي النوبة في سياسة تطهير عرقي وبإضعاف الكثافة السكانية للعرق.
* الباب الخامس
* دعم السلام والحكم الديمقراطي: العون للسودان أ/ يفوض الرئيس بتقديم مساعدات متزايدة للمناطق غير الخاضعة لسيطرة حكومة السودان وذلك لاعداد السكان للسلام والحكم الديمقراطي بما يتضمن دعم النظام الاداري والمدني ـ الاتصالات ـ والبنيات التحتية والصحة والتعليم والزراعة.
ب/ تفويض بتخصيص اعتمادات.
أ/ للاطلاع بالمهام المذكورة في الفقرة B من هذه المادة تفوض للرئيس سلطة اعتماد 100 مليون دولار للأعوام 2003 ـ 2004 ـ 2005 لدعم السودان.
ب/ المبالغ المعتمدة بموجب التفويض تحت الفقرة (أ) تظل متاحة حتى يتم صرفها.
* الباب السادس: الدعم لعملية سلام مسنودة دوليا
* أ/ خلاصات:
1- يدرك الكونغرس ان:
أ/ الفرصة الأكبر للسعي لتسوية سلمية متفاوض عليها لانهاء الحرب بواسطة عملية ناجعة مسنودة دوليا واقليميا.
ب/ ان الحل الأمثل للصراع يمكن تحقيقه عبر عملية سلمية مؤسسة على اعلان المبادئ بنيروبي 1994 وبروتوكول ماشاكوس 2002.
2 ـ يثمن الكونغرس جهود المبعوث الأميركي للسلام لمساعدة الاطراف المتحاربة لايجاد سلام عادل ومنصف ودائم للحرب في السودان.
ب/ الاجراءات المتخذة في حالة عدم الالتزام بالشروط السابقة:
1 ـ التقرير الرئاسي: على الرئيس ان يقرر ويشهد كتابة امام اللجان المختصة بالكونغرس خلال ستة اشهر من تاريخ نفاذ هذا القانون وكل ستة اشهر لاحقة بأن حكومة السودان والحركة الشعبية يتفاوضان بحسن نيه وعزيمة صادقة، وان المفاوضات مستمرة.
ب/ بموجب الفقرة (أ) اذا قرر الرئيس وشهد كتابة امام اللجان المعنية في الكونغرس بأن الحكومة لم تنخرط بحسن نية في المفاوضات من اجل الوصول الي اتفاقية سلام دائم وعادل ومنصف او انها تدخلت بلا سبب معقول في الجهود الانسانية، فان على الرئيس حينئذ بالتشاور مع الكونغرس تطبيق الاجراءات المنصوص عليها في الفقرة (2).
ج/ اذا قرر الرئيس وشهد كتابة للجان الكونغرس المختصة بموجب الفقرة (أ) ان الحركة الشعبية لتحرير السودان لم تنخرط بحسن نية في المفاوضات المفضية الى اتفاقية سلام عادل ودائم ومنصف فحين اذن لا تتطبق الفقرة (2) على حكومة السودان.
د/ اذا شهد الرئيس امام لجان الكونغرس المختصة ان حكومة السودان خالفت شروط اتفاقية سلام، دائم بينها والحركة الشعبية لتحرير السودان فان على الرئيس بالتشاور مع الكونغرس ان يطبق الاجراءات الواردة لاحقا في الفقرة (2).
هـ / في أي وقت يلي تقديم الرئيس شهادته تحت الفقرة (ب) اذا توصل الرئيس لقرار وشهد به كتابة امام لجان الكونغرس المختصة مفاده ان حكومة السودان ملتزمة باتفاقية سلام فان الفقرة (2) لن تطبق علي حكومة السودان.
(2) اجراءات لدعم عملية السلام:
في ضوء ما جاء بالفقرة (1) فان الرئيس:
أ/ سيقوم عبر وزير الخزانة بتوجيه المديرين التنفيذيين الأميركيين في أي مؤسسة دولية مالية بالاستمرار في التصويت ضد، وممارسة المعارضة النشطة لقيام تلك المؤسسات بمنح أي قروض او ائتمان او ضمان لصالح حكومة السودان.
ب/ سينظر في خفض او تعليق العلاقات الدبلوماسية بين الولايات المتحدة وحكومة السودان.
ج/ سيقوم باتخاذ كل الخطوات المناسبة لمنع حصول حكومة السودان علي عائدات البترول وذلك للتأكد من ان حكومة السودان لن تستخدم بطريق مباشر او غير مباشر أي من عائدات البترول لشراء او امتلاك معدات عسكرية لتمويل أي نشاطات عسكرية.
د/ سيسعي لاستصدار قرار من مجلس الأمن التابع للأمم المتحدة بفرض حظر السلاح.
ج/ التقرير حول حالة المفاوضات.
اذا قامت حكومة السودان في أي وقت بعد ان يكون الرئيس قد قدم شهادات مكتوبة بموجب ا لفقرات (ب ا أ) بقطع التفاوض مع الحركة الشعبية لتحرير السودان لفترة 14 يوما، فعلى الرئيس ان يقدم تقريرا ربع سنوي للجان الكونغرس المختصة حول حالة عملية السلام الي حين استئناف المفاوضات.
د/ تقرير حول معارضة الولايات المتحدة للتمويل بواسطة المؤسسات المالية الدولية.
على وزير الخزانة ان يقدم تقريرا نصف سنوي للجان الكونغرس المختصة يصف فيه الخطوات المتخذة بواسطة الولايات المتحدة لحجب القروض والائتمان او الضمان وذلك في حالة ما اذا كان التمويل قد تم بعد صدور توجيهات وزير الخزانة المنصوص عليها في الفقرتين (ب) (أ).
هـ/ التقرير بشأن حجب عائدات البترول: على الرئيس ان يقدم للجان الكونغرس المختصة خطة شاملة لتطبيق الاجراءات الواردة في الفقرات (ب) (2) (ج) وذلك خلال 45 يوما قبل ان يتخذ الرئيس الاجراء (بجحب العائدات).
و/ تعريف: في هذا المادة فان تعبير المؤسسات المالية الدولية يعني البنك الدولي، بنك التنمية الأفريقي وصندوق التنمية الأفريقي.
* الباب السابع
* الضغط الدولي على طرفي النزاع:
ان توجه الكونغرس هو ان:
1 ـ على الأمم المتحدة المساعدة في تسهيل عملية السلام واستعادة الاستقرار في السودان.
2 ـ على الرئيس عبر المندوب الدائم للولايات المتحدة في الأمم المتحدة ان يسعى:
أ/ لمراجعة اسس عمل عملية شريان الحياة لانهاء سلطة النقض التي تمارسها الحكومة السودانية على برنامج شريان الحياة الخاصة بالنقل الجوي للاغاثة. وتبعا لذلك وضع حد لاستخدام توصيل الاغاثة لمصلحة حكومة السودان في مسرح العمليات العسكرية.
ب/ اتخاذ الاجراءات المناسبة لانهاء الاسترقاق والقذف الجوي للمدنيين الذي تقوم به حكومة السودان.
* الباب الثامن: متطلبات التقرير
* على وزير الخارجية ان يقدم للجان الكونغرس المختصة خلال فترة لا تتجاوز 6 اشهر من نفاذ هذا القانون تقريرا حول النزاع في السودان وان يقدم تقريرا سنويا بذلك على ان يشمل الآتي:
1 ـ وصف لمصادر التمويل الحالية للسودان وانشاءات البنيات الاساسية وخطوط الانابيب لاستغلال البترول وآثار ذلك التمويل والانشاءات على سكان المناطق التي يوجد بها البترول ومدى قدرة حكومة السودان على تمويل الحرب من عائدات استغلال النفط.
2 ـ توضيح ما اذا كان ذلك التمويل قد تم توفيره في الولايات المتحدة او بمشاركة مواطنين من الولايات المتحدة.
3 ـ رفع تقرير دقيق لمدى القصف الجوي بواسطة حكومة السودان بما في ذلك الاهداف ووتيرة القصف وتفاصيل حجم الخسائر.
4 ـ توضيح وتحديد المدى الذي عوقت به الاغاثة الانسانية او وظفت لمصالح حكومة السودان او قوى اخرى.
* الباب التاسع
* استمرار جهود الاغاثة خارج نطاق شريان الحياة
* أ / ان اتجاه الكونغرس هو ان يستمر الرئيس في زيادة استخدام وكالات غير منضوية في عملية شريان الحياة في توزيع امدادات الاغاثة في جنوب السودان.
ب/ يقدم الرئيس في وقت لا يتجاوز 90 يوما من تاريخ نفاذ هذا القانون تقريرا مفصلا للجان الكونغرس المختصة يوضح مدى التقدم المحرز في تنفيذ الفقرة (أ).
* الباب العاشر
* خطة طوارئ لمواجهة أي حظر على رحلات طيران الاغاثة
* أ/ على الرئيس ان يضع خطة طوارئ خارج نطاق اشراف الأمم المتحدة اذا دعا الحال لامداد اكبر قدر من مواد الاغاثة من الولايات المتحدة والمانحين لكل المناطق المتأثرة بالسودان بما في ذلك مناطق جبال النوبة واعالي النيل والنيل الأزرق وذلك اذا قامت حكومة السودان بفرض حظر كامل او جزئي او تدريجي على رحلات طيران الاغاثة التابع لشريان الحياة.
ب/ بما لا يتعارض مع أي نص في بند آخر يجوز للرئيس لتنفيذ الخطة المنصوص عليها في (أ) ان يعد برمجة ما تصل نسبته الى 100 في المائة من الاعتمادات المتاحة لدعم عمليات شريان الحياة.
* الباب الحادي عشر
* التحقيق في جرائم الحرب
* أ/ على وزير الخارجية ان يجمع معلومات عن احداث يمكن ان تشكل جرائم ضد الانسانية، الابادة الجماعية، جرائم الحرب وأي انتهاكات اخرى للقانون الدولي والانساني ترتكب بواسطة كل اطراف النزاع في السودان بما في ذلك الاستقرار والاغتصاب والقصف الجوي للأهداف المدنية.
ب/ على وزير الخارجية ان يعد ويقدم تقريرا مفصلا للجان الكونغرس المختصة يحتوي على المعلومات التي جمعها بموجب الفقرة (أ) كما يحتوي على النتائج والاحكام التي يتوصل اليها وزير الخارجية بناء علي تلك المعلومات، ويمكن ان يقدم هذا التقرير كجزء من التقرير المطلوب بموجب المادة (.
يقدم وزيرالخارجية التقرير في فترة لا تتجاوز 6 اشهر من نفاذ القانون ثم سنويا بعد ذلك.
ج/ التشاور مع الادارات الاخرى لاعداد التقرير المفروض بموجب هذه المادة وبالتشاور مع المسؤولين الحكوميين الآخرين الذين بحوزتهم المعلومات المطلوبة للتقرير بدون ان يتسبب ذلك في تعريض هذه المصادر الحساسة للخطر.
نقلا عن الشرق الأوسط
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Re: Sudan Peace Act (Re: sentimental)
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Memorandum of Understanding on Cessation of Hostilities
Between the Government of the Sudan
And the Sudan People's Liberation Movement/Army
Preamble:
The Government of the Republic of the Sudan (GOS) and the Sudan People's Liberation Movement/ Army (SPLM/ A), hereafter referred to as the Parties, agree:
1. To resume the negotiations on 15th October 2002 from where they stopped in Machakos, Kenya, on Monday 2nd September 2002, under the auspices of IGAD and according to the Machakos Protocol of the 20th July 2002 and the agreed Agenda.
2. To create and maintain a conducive atmosphere throughout the negotiations until all the outstanding issues in the Conflict are resolved. Therefore, the Parties shall undertake upon signature of this Memorandum of Understanding (MOU) to maintain a period of tranquility during negotiations by ceasing hostilities in all areas of the Sudan and ensuring a military stand down for their own forces, including allied forces and affiliated militia. This MOU however, does not affect the right of either party to take any legitimate measures in self-defense against any hostile act from a party of force other than those referred to above.
3. For the purpose of this MOU, "cessation of hostilities" means the following:
To retain current military positions;
Refrain from any offensive military action by all forces;
Cease laying of landmines;
Refrain from occupation of new areas;
Cease supplying all areas with Weapons and ammunition;
Refrain from any acts of violence or other abuse on the civilian population;
Freeze media wars and propaganda against one another.
4. The Parties request the Mediators to establish a channel of communications between them to facilitate the implementation of the cessation of hostilities, assist with verification of complaints, and exchange information on supply of non-combat items and on rotation of troops.
5. The Parties shall allow unimpeded humanitarian access to all areas and for people in need, in accordance with the Operation Lifeline Sudan (OLS) Agreement.
6. The Parties also agree that the negotiations will be conducted in good faith and in good will in order to conclude within the shortest time possible from the date of reconvening of the Talks.
7. This MOU shall enter into force at 12:00 hours Sudan Local Time on Thursday 17th October, 2002 and remain in effect until the negotiations are concluded, and no later than 31st December 2002.
8. This MOU may be renewed by mutual consent of the Parties to conclude negotiations on any outstanding issues.
Hon. Idris Mohammed Abdel Gadir
For: the Government of the Sudan
Cdr. Nhial Deng Nhial
For: The Sudan People's Liberation Movement/Army
Lt. Gen. Lazaro K. Sumbeiywo
Special Envoy
IGAD Sudan Peace Process and
On behalf of IGAD Envoys
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Re: Sudan Peace Act (Re: sentimental)
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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
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
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 thearrangements 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.
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Re: Sudan Peace Act (Re: sentimental)
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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
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.
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 Re: Sudan Peace Act (Re: sentimental)
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The Peace Agreement Signed
by the Sudanese government and rebels
After 14 years of better hostilities and bloodshed, an end to the Sudanese civil war is finally in sight. The government and representatives of six rebel groups signed the following historic document in Khartoum on April 21 affirming their commitment to peace is Sudan.
PREAMBLE
- We the parties to the conflict in Sudan
- Deeply committed to an immediate end to the current armed conflict through peaceful and political means.
- Aware that attainment of a just and lasting peace requires curage, statesmanship, political daring and challenging vision from the parties.
- Aware that only a sustainable peace based on justice, equality, democracy, and freedom can lead to a meaningful development and progress which would assist in the solution of the fundamental problems of the people of the Sudan.
- Fully cognizant of the fact that unity of the Sudan cannot be based on force or coercion, but on the free will of the people.
Hereby agree to make and abide by this agreement
CHAPTER ONE: DEFINITIONS
In this agreement, unless the context otherwise, requires, the following words shall have the same meaning assigned to it.
“Southern States” means the ten Southern States arising from the former provinces of Bahr El-Ghazal, Equatoria and Upper Nile with their boundaries as stood on 1st January, 1956.
“Interim Period” means the transitional period having the defined functions to this agreement, the end of which shall be the announcement of the referendum results.“Constitution” means the Constitution of the Sudan.
including such parts or articles of the agreement as shall be designated to be part thereof.
“Agreement” is this Peace Agreement signed on 21st April, 1997 between the Sudan Government on the one hand and the USDF, SPLM, SSIG and EDF on the other.
“President of the Co-ordinating Council” refers to the person appointed by the President of the Republic of the Sudan to preside over the Co-ordinating Council.
“Custom” in the states of South Sudan means the African Custom.
GENERAL PRINCIPLES
1. The general principles contained in the Political Charter signed in Khartoum on 10th April, 1996 shall be part of this agreement and shall guide and explain its provisions.
2. During a four-year interim period, South Sudan shall enjoy a special status as defined in this peace agreement.
3. The interim arrangements shall be preceded by a declaration of permanent cease-fire and general amnesty proclamation.
4. The People of South Sudan shall exercise the right of self-determination through a referendum.
5. The problem of Abyei has been discussed and a final solution is deferred to a conference on Abyei that will be convened in the area within the interim period.
CHAPTER TWO :AGREEMENT.
a. Parties to the Agreement
1. The Government of Sudan;
2. The South Sudan United Democratic Salvation Front (UDSF) comprising of:
The South Sudan Independence Movement (SSIM);
The Union of Sudan African Parties (USAP);
The Sudan People’s Liberation Movement (SPLM);
The Equatoria Defence Force (EDF);
The South Sudan Independents Group (SSIG).
b. All represented by the signatories thereunder.
Commencement of Agreement
1. This Agreement shall come into force as from the date of signature by toe President of the Republic.
2. This Agreement shall be endorsed by the National Assembly and considered as an organic law which has the effect of a constitutional decree.
CHAPTER THREE: POLITICAL ISSUES
Constitutional and Legal Matters
a. Religion and the State
1.
Sudan is a multi-racial, multi-cultural and multi-religious society. Islam is the religion of the majority of the population and Christianity and the African creeds are followed by a considerable number of citizens. Nevertheless the basis of rights and duties in the Sudan shall be citizenship, and all Sudanese shall equally share in all aspects of life and political responsibilities on the basis of citizenship.
2.
Freedom of religion, belief and worship shall be guaranteed.
3.
A suitable atmosphere shall be maintained for practicing, worship, dawa, proselytisation and preaching.
4.
No citizen shall be coerced to embrace any faith or religion.
5.
There shall be no legislation which would adversely affecrt the religious rights of any citizen.
6.
a. Sharia and Custom shall be sources of legislation.
b. On the issue of Sharia, the parties agreed on a formula under which laws of a general nature that are based on general principles common to the States shall have the right to enact any complementary legislation to Federal legislation on matters that are peculiar to them. This power shall be exercised in addition to the powers the States exercise on matters designated as falling within their jurisdiction, including the development of customary law.
b. The Constitutional Guarantees
1.
The Supreme Court is the Custodian of the Constitution and is thus entrusted with the protection and interpretation of the Constitution.
2.
The Constitution shall enshrine the following principles:
a.
There shall be punishment except as provided for by the law.
b.
Every person is presumed innocent until the contrary is proved.
c.
Litigation before courts is a right guaranteed for every person.
d.
The Constitution shall guarantee the equality of all citizens before the law without any discrimination; no immunity shall be without law.
e.
The Constitution shall guarantee the application of the rule of law.
3.
The bill of rights and freedoms shall be enshrined in the Constitution.
4.
Any law or decision that contravenes the Constitution may be challenged in court by any aggrieved person.
5.
All personal matters such as marriage, divorce, parentage and inheritance shall be governed by the religion and custom of those involved.
c.
Fundamental Rights and Freedoms.
Under the concept of the rule of law the following basic human rights and fundamental freedoms shall be guaranteed.
1.
The right to life and inviolability of the human person.
2.
The right to equal treatment irrespective of gender, race, colour, religion or origin.
3.
The right to family life and privacy.
4.
The right to freedom of thought and conscience.
5.
The right to property.
6.
Freedom of expression.
7.
Freedom of movement.
8.
Freedom of the press.
9.
Freedom of association and assembly as shall be regulated by the law.
10.
Immunity from arbitrary arrest, detention and torture.
11.
Freedom of religious worship, preaching, dawa, proselytisation and religious propagation.
12.
Freedom of expression and development of cultures and languages.
13.
All other basic rights and freedoms that are recognised by and guaranteed under the international conventions and protocols ratified by the Government of the Sudan.
d.
The Judiciary.
1. The Judiciary in the Sudan shall be independent and decentralised.
2. Every State shall have a judicial organ which is composed of a court of appeal, province courts, district courts and local courts.
3. Appeals from the Court of Appeal shall be submitted to the Supreme Court.
4. Administration of justice in the State shall be vested in the State Judicial Organ.
5. Judges at all levels shall be appointed by the President of the Republic on the recommendation of the High Judicial Council.
6. Matters related to qualification, emoluments, privileges, promotions, training, retirements, etc. shall be regulated by law.
e. Democracy.
1. Participatory democracy shall be realised through congresses and national convention or conference.
2. In promotion of participatory democracy the congresses and national convention shall be organised:
a. to accommodate forums for all citizens.
b. to discourage all forms of intolerance and totalitarianism.
3. The parties to this Agreement shall be guaranteed full participation in the political and constitutional processes in Sudan.
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POWER SHARING
The following powers shall be exercised by the Federal institutions:
1. Foreign Affairs.
2. Armed Forces and Defence Affairs.
3. Maritime Shipping and Navigation.
4. Currency, Coinage and Bills Exchange.
5. Federal Budget and Federal Planning.
6. External Communications, External and Inter-State Postal and Telecommunication service, Civil Aviation and operation and maintenance of International Airports.
7. Judiciary.
8. Federal Railways and Inter-State Highways.
9. Weights, measures and determination of time.
10. National Census.
11. Fishing and Fisheries in and determination of time.
12. Mining.
13. Inter-State Waterways.
14. Federal Election Commission.
15. Customs.
16. External Trade.
17. International Boundaries and Inter-State Highways.
18. Meteorological Services.
19. National Security.
20. Federal Legislation:
a. on matters within Federal Powers.
b. on matters common to the States.
21. Audit General.
22. Education Planning.
23. Attorney General and Advocacy.
24. National Electricity Network.
25. Federal Taxation.
26. Passport, Immigration, Nationality and Aliens’ Affairs.
27. Epidemic Control.
28. Emergency Jurisdiction.
STATE POWERS.
1. State Security, Public order and good governance.
2. Wildlife, Tourism, Hotels, Inns, etc.
3. Land use and conservation without prejudice to the Federal Policies.
4. Local Government.
5. State Taxes.
6. Agriculture.
7. Promotion of Languages, Cultures, Folklore, Arts, etc.
8. State Radio, TV, Newspapers and Printing Press.
9. Quarrying.
10. Roads, Water Supply, Hydro-Electric Power.
11. Irrigation and embankement, pastures and their development.
12. Animal Health, Animal Husbandry and Animal Wealth.
13. Libraries and Museums.
14. Industrial and commercial development.
15. Missionary activities, Charities and Endowments.
16. Specialised Hospitals and Clinics.
17. Establishment of Banks in accordance with the Central Bank Policies.
18. State Public Audit.
19. State Electricity Network.
20. State Attorney General.
21. State Legislation:
a. In matters within State Powers.
b. Complementary to Federal laws in matters peculiar to the State.
c. Customary laws.
22. State Economic development and planning in accordance Federal planning.
23. Recruitment of specialised technical expertise in various fields of development.
24. Health care and establishment of all types of medical institutions for treatment and training of qualified medical personnel.
25. Registration of birth and death, and marriages.
26. Statistics.
27. Scientific research and development.
28. Administration of meteorological services.
29 Education management, planing and training up to the university level
within the frame work of national planing.
RESIDUAL POWERS
1 The state shall exercise the residual powers without prejudice to the
powers allocated to the Federal authorities.
2 The Federal authorities shall exercise the residual powers without infringing on powers allocated to the states.
3 In case of dispute over residual powers between the state and Federal authority, the dispute shall be referred to the Federal (Supreme) Court.
WEALTH POWERS
1 The Federal Government shall lay down a comprehensive economic and social plan to develop the country in general and to bridge the gap between the various states in particular, so that within a definite period, a parity in provision of basic needs such as security, employment, water, food, education, health and housing could be reached.
2 In order to consolidate the economic policies:
a. The economy in the Sudan shall be based on free market forces.
b. The Federal Bank of the Sudan responsible for regulating internal and external value of the Sudanese currency.
c. These shall be an independent Stock Exchange Bureau for settling and floating shares, bonds and premiums of companies and currency regulation to enhance free market economy.
d. These shall be established development projects to promote and maintain peace and stability among the people of the Sudan.
3 Major Federal development projects and big mining an d oil projects shall be considered as national wealth and be managed on a national basis provided that:
a. The Federal Government shall observe to allocate an equitable percentage of the returns to be fixed by the revenue Allocation Commission to the state where the project is located (see annex 3).
b. Ensure participation of the states in the management of Sudan projects.
c. Ensure recruitment and training of citizens of the state in order to participate in such projects.
d. Any other fringe benefit.
4. Revenue Allocation Commission shall be established to recommend revenue sharing formula for the whole country. The Co-ordinating Council shall be represented.
5. The Federal Government shall observe the following for the purpose of distribution of national revenue among the States and for site selection of major development projects;
a. Giving priority for the less developed States according to their state of underdevelopment.
b. Economic feasibility of projects and their efficient functioning.
c. Effect of the project in the realisation of self-sufficiency in the basic needs of the country.
d. A balance relationship between development and density of population and environment.
e. Establishment of special fund to take care of crash development programmes and maitenance of peace.
6. In the field of rehabilitation of the war affected areas, the following shall be observed:
a. The Federal Government and the Co-ordinating Council shall work attract loans and aid from sisterly and friendly countries and international benevolent organizations to rehabilitate the economic projects which ceased to function or were damaged because of the war. It shall also work for the reconstruction of the war affected areas and resettlement of returnees and displaced persons.
b. The Federal Government and the Co-ordinating Council shall launch a plan and joint international appeal for the reconstruction, repatriation and development of the Southern States and other war affected areas.
c. The Co-ordinating Council shall also establish a relief, resettlement, rehabilitation and reconstruction commission to manage and administer the resources acquired for the above purposes.
7. The sources of revenue of the Southern States shall consist of the following:
a. State taxes and generated revenue.
b. Fees, excise, duty and licenses.
c. Revenue from commercial, industrial and agricultural pojects based in the Southern States.
d. Funds from the Federal treasury for established services in the States until such a time when they become self-reliant.
e. Any development assistance and donations foreign sources.
f. Revenue allocation from the Federal Government for socio-economic development.
g. State share of Federal taxes levied on Federal projects and services functioning within the Southern States.
h. Business profit tax.
i. Corporate taxes on factories and agricultural enterprises in the State, other than Federal ones, established in Southern States.
j. Property taxes.
k. The share of fees on licenses for mineral and oil explorations (see annex 3).
l. Profits accruing from the customs, airport services, roads, postal and telecommunication services and river transport in Southern States shall be allocated to the Rehabilitation, Reconstruction, Repatriation Commission.
8. The State Government shall prepare a budget to meet the expenditure on services, administration and development of the States to be submitted to the State Legislative Organ for approval.
9. No project adversely affecting the people, ecology and natural environment of State may be implemented without consulting the State concerned.
10. The Federal Government and the Co-ordinating Council shall encourage and promote foreign investment and procurement of development assistance for the Southern States and shall encourage establishment of the branches public sector institutions, development corporations and specialised banks.
11. The Co-ordinating Council shall prepare a development budget for the Southern States and is to submit the same to the President.
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PARTICIPATION OF THE SOUTHERN CITIZENS IN THE FEDERAL INSTITUTIONS
1. Mindful of the present participation of the Southerners in the Federal institutions, this Agreement is putting forward further balanced representation in the Federal institutions.
2. The participation shall be based on values of efficiency, qualification, honesty, justice, responsibility and equality between all the citizens without discrimination.
3. The Southern citizens shall participate in all Federal, political and constitutional institutions in numbers consumerate to the demands of the interim period taking into consideration population size and provided that the criteria for eligibility are met.
4. The Southern citizens shall have the right to participate in the Federal institutions as follows:
a. The Presidency.
b. The Federal Council of Ministers.
c. The National Legislative Assembly.
d. The Federal Defence and Security Council.
e. The Supreme Court.
f. Federal Planning Institutions.
g. The National Elections Commission.
h. Foreign Affairs.
i. The Federal Career Selection Commission.
j. Federal Universities and Research Institutions.
k. The Armed Forces.
l. Any other Federal Institutions.
5. The Federal Career Selection Commission (FCSC) shall have an office at the seat of the Co-ordinating Council.
CHAPTER FOUR: THE INTERIM PERIOD
1. The length of the interim period shall be four years. However, it may be shortened or extended if need arises by recommendation from the Co-ordinating Council to the President of the Republic.
2. The interim period shall commence as from the date of the formation of the Co-ordinating Council and shall end as soon as the referendum is accomplished and the results are declared.
3. The Co-ordinating Council shall carry out the following activities during the interim period:
a. To assist repatriate, resettle and rehabilitate the displaced and the returnees.
b. To reconstruct the war devastated areas.
c. To remove effects of war by clearing mine fields, opening up roads and waterways.
d. To promote reconciliation, peace and confidence building amongst the Sudanese citizens.
e. To draw development plans for the Southern States and solicit funds from national, regional and international bodies and institutions for implementation of the Peace Agreement.
f. To draw political mobilisation plans to strengthen peace and unity in different parts of the country.
g. To strengthen the Federal rule in the Southern States.
h. To reassemble and train manpower in order to re-establish the public service in the Southern States.
i. To strengthen the capacity building of the people in the Southern states to become self-reliant. In this regard plans shall be drawn to receive support for educational, health, food security and social services institutions.
j. To educate and mobilise the people of Southern States on the process of referendum.
k. To provide adequate security in the Southern States in order to create a conducive atmosphere for the referendum.
l. To participate in conducting census in the Southern States.
m. To assist register voters for the referendum.
CHAPTER FIVE
THE CO-ORDINATION COUNCIL OF THE SOUTHERN STATES
DEFINITION
i. In accordance with this Peace Agreement, there shall be established a Co-ordinating Council in Southern States during the interim period. The Co-ordinating Council shall be responsible for co-ordination, supervision, socio-economic planning, confidence building, peace nurturing, policy as well as political mobilisation.
ii. The President of the Co-ordinating Council shall be accountable to the President of the Republic.
iii. The President of the Republic in consultation with parties signatory to this Agreement shall appoint the President of the Co-ordinating Council.
iv. The President of the Co-ordinating Council in consultation with Southern political forces shall recommend his cabinet including the Governors (Walis) to the President of the Republic for appointment.
v. The ministers in the Co-ordinating Council shall enjoy Status of Federal ministers.
vi. The President of the Co-ordinating Council in consultation with Southern political forces in their respective States shall recommend appointment of members of their governments including commissioners to the President of the Co-ordinating Council who shall pass the same to the President of the Republic.
vii. Until the atmosphere is conducive for elections of State Assemblies to take place, the President of the Co-ordinating Council in consultation with the political forces shall recommend to the President of the Republic new members of legislative assemblies in the Southern States for appointment.
viii. The Co-ordinating Council shall act as a link between the Federal Government and the Southern States.
ix. The Co-ordinating Council has the right to choose its seat.
FUNCTIONS OF THE CO-ORDINATING COUNCIL
The Co-ordinating Council shall have the following functions:
1. General supervision of the implementation of this Peace Agreement as well as all peace matters.
2. Voluntary repatriation of the returnees, and the displaced, rehabilitation and reconstruction of war affected areas in the southern States.
3. Ensuring confidence building measures among the Sudanese citizens.
4. To embark on mobilisation of the people therein for referendum.
5. Legislative Functions:
a. The Co-ordinating Council shall establish an advisory council for perfection of the legislative process.
b. The Co-ordinating Council shall Co-ordinate legislation with the Southern States Legislative Assemblies in matters common to these States.
c. The Co-ordinating Council may request adjournment of any legislation tabled in the National Assembly if deemed to adversely affect the interests of the Southern States until such a time the Co-ordinating Council presents its opinion.
6. Encourage establishment and supervision of foreign consulates, UN agencies and NGOs in South Sudan in Co-ordination with the Federal organs concerned.
POWERS OF THE CO-ORDINATING COUNCIL
The Co-ordinating Council shall exercise the following powers: Devolved Powers.
a. Education planning up to university in accordance with national policies.
b. Planning and supervision of Southern States security, public order and good governance.
c. Economic development and planning in accordance with national policies.
d. Planning and programming for electricity network and other public utilities in the Southern States.
e. Organization of scientific research, technological, industrial and commercial development.
f. To conduct international agreements on culture, trade including blrder trade, and technical co-operation, the procurement of foreign capital investment and development assistance from governmental and non-governmental organization (NGOs) in co-ordination with the Federal organs concerned.
Concurrent Powers.
1. The Co-ordinating Council shall exercise the following powers concurrent with the Federal organs:
a. Planning for survey and land disposition.
b. Planning and supervision of the Public Service in the Southern States.
c. Organization of State Elections and census.
d. Drawing environmental conservation policies.
e. Cultural planning and regulation, supervision of Radio, TV, Newspapers and printing press.
f. Supervision of trade union disputes.
g. Audit within the Audit General.
h. Establishment of banks.
i. Air, land and river transport, postal services and telecommunication.
j. Copyrights, patents and publishers rights.
2. In addition to the above devolved and concurrent powers, the President of the Republic and any Federal Organ may delegate powers to the Co-ordinating Council for policy, planning and general supervision in the Southern States.
3. The Co-ordinating Council shall receiver regular reports from the Governments and other institutions of the Southern States and shall report to the President of Republic.
4. The Co-ordinating Council shall take over the responsibilities and functions of the Supreme Council for Peace and its organs.
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COMPOSITION OF
THE CO-ORDINATING COUNCIL
The Co-ordinating Council membership shall be as follows:
1. The President of the Co-ordinating Council.
2. The vice-president of the Co-ordinating Council and minister of local government affairs and public security.
3. Minister for cabinet affairs.
4. Minister for economic planning and financial affairs.
5. Minister of education and instruction affairs.
6. Minister of legal affairs.
7. Minister of public service and labour.
8. Minister for information, culture and social affairs.
9. Minister of agriculture and natural resources.
10. Minister of health affairs.
11. Minister for peace and political mobilisation.
12. Minister for wildlife conservation, tourism and environmental control.
13. Minister for engineering affairs and public utilities.
14. Minister for humanitarian affairs and rehabilitation.
15. Minister for commerce, supplies and industry.
i. Besides the members mentioned above, Governors (Walis) of the Southern States shall be members in the Co-ordinating Council by virtue of their post.
ii. There shall be established in the Southern States a Relief, Rehabilitation, Resettlement, Repatriation Commission (SSRRRRC) which shall be supervised by the minister for humanitarian affairs.
iii. The Co-ordinating Council shall prepare its annual budget to be submitted to the President of the Republic.
vi. The Co-ordinating Council shall issue regulations to direct its activities and specify functions, duties and roles of its various departments.
v. The President of the Co-ordinating Council shall recommend to the president of the Republic relief from office, acceptance or rejection of any member of the Co-ordinating Council including the Governors.
vi. The State governors shall recommend to the President of the
Co-ordinating Council relief from office, acceptance or rejection of resignation of any member of the State Governments including commissioners. The President of the Co-ordinating Council shall pass the same to the President of the Republic for approval.
CHAPTER SIX
SECURITY ARRANGEMENTS
DURING THE INTERIM PERIOD
1. The South Sudan Defence Force (SSDF) shall remain separate form the national army and be stationed in their locations under their command.
2. Police, prisons, wildlife, civil defence, fire brigade, and public security in the Southern States shall be drawn from the people of Southern Sudan.
3. The size of the Sudanese armed forces in South Sudan shall be reduced to a peace time level once peace is established.
4. A joint technical military committee of equal members shall be constituted from the Sudanese and forces on the one hand and the SSDF on the other for the purpose of supervision and implementation of the security arrangements in this Agreement (see annex 1).
5. The joint technical military committee shall oversee and supervise the activities of the cease-fire commission and the peace keeping observers.
6. The joint technical military committee shall Co-ordinate with the army general HQs provision of supplies, training, armament, emoluments and other facilities for the SSDF.
7. A joint technical military cease-fire commission shall be established to established to monitor cease-fire violations and the disengagement of troops in the Southern States (annex 1).
8. The movement of the armed parties shall be Co-ordinated and controlled by the joint technical military committee and its sub-committees (annex 1).
9. In accordance with this Agreement the President of the Republic of Sudan shall declare a general amnesty to members of SSDF from any criminal or civil culpability relating to acts committed during the date of signing this Peace Agreement (see annex 2).
10. There shall be established a joint amnesty commission to follow up the implementation of the general amnesty proclamation (see annex 2).
11. There shall be established a joint amnesty tribunal to receive, examine and determine cases which are covered by this amnesty proclamation (see annex 2).
12. War wounded, widows, orphans and other war victims shall be rehabilitated with assistance from national, regional and international humanitarian agencies.
13. The annexes are considered as guidelines with a degree of flexibility to the said committees/commissions.
Chapter seven: referendum
1. By this Agreement the right of the people of Southern Sudan to determine their political aspirations and to pursue their economic, social and cultural development is hereby affirmed.
2. The people of Southern Sudan shall exercise this right in a referendum before the end of the interim period.
3. Options in the referendum shall be:
a. Unity.
b. Secession.
4. The Referendum shall be free, fair and be conducted by a Special Referendum Commission (SRC) to be formed by a presidential decree in consultation with the Co-ordinating Council.
5. Eligible voters for the referendum shall be Southern Sudanese people who attained the age of eighteen years and above residing inside and outside Southern Sudan.
6. The vote shall be by secret vote.
7. To endure free and fair conduct of the referendum, the SRC shall invite observers as follows:
a. OAU, Arab League, UN, Religious bodies, IGAD, National and foreign NGOs and any other countries.
b. National and international media and journalists.
8. The parties agree to respect, abide by and implement in good faith the result of the referendum.
Chapter eight : final provisions
a. Language
Arabic is the official language of the Sudan, English is the second language in the Sudan. The Government shall endeavour to develop other languages.
b. Amendment of Agreement.
a. No amendment bill on this Agreement shall be presented to the National Assembly without consulting the Co-ordinating Council.
b. For amendment on this Agreement the Co-ordinating Council may present its petition to the President of the Republic provided that such a bill is passed in the Co-ordinating Council by a two thirds majority.
Singed
For the Sudan Government
Lt. General El Zubeir Mohammed
Saleh, Vice-President
For United Democratic Salvation
Front (USDF) and South
Sudan Independence
Movement/Army (SSIM/A)
Cdr. Dr. Riak Machar Teny D.
Chairman & C-in-C (SSIM/A)
For Sudan People’s Liberation
Movement (SPLM/A)
Cdr. Kerubino Kuanyiun Bol
Chairman C-in-C (SSIM/A)
For South Sudan Independents
Group (SSIG)
Cdr. Kewac Makwei
Chairman C-in-C (SSIG/A)
For Equatoria Defence Force (EDF)
Dr Thiopholus Ochang Loti
Chairman C-in-C (EDF)
For Union of Sudanese African
Parties (USAP)
Samuel Aru Bol
Chairman (USAP)
For Bor Group
Arok Thon Arok
Chairman.
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THE NUBA MOUNTAINS CEASE-FIRE AGREEMENT
PREAMBLE
We are parties to this agreement the Government of the Republic of Sudan and the Sudan peoples Liberation Movement/Nuba;
RECALLING the agreement reached between our representatives during the meetings which took place in Sudan from the 6th - 13th of December 2001, to immediately observe and extend the current military stand-down and to apply it to the Nuba Mountains to facilitate the negotiation of the cease-fire and the relief and rehabilitation program;
REAFFIRMING our will to negotiate an internationally monitored cease-fire agreement to cover the Nuba Mountains, supervised by a Joint Military Commission (JMC) including third -party participation;
AWARE of the vital need to establish a settlement to the conflict which has been taking place for many years and to promote peace in the Nuba Mountains;
HAVING MET at the invitation of the Governments of the Swiss Confederation and the United States of America at Burgenstock, Switzerland from 13th - 19th January 2002 to agree on the terms of such a cease-fire;
HEREBY AGREE AS FOLLOWS:
ARTICLE I
THE CEASE-FIRE
The parties agree to an internationally monitored cease-fire among all their forces in the Nuba Mountains for a renewable period of six (6) months with the broader objectives of promoting a just, peaceful and comprehensive settlement of the conflict.
ARTICLE II
PRINCIPLES OF THE CEASE-FIRE
1. The cease-fire shall involve the cessation of hostilities between the parties in the Nuba Mountains within 72 hours of the signing of this Agreement.
2. The cease-fire shall guarantee the free movement of civilians and goods, including humanitarian assistance, throughout the Nuba Mountains.
3. Specifically, this cease-fire entails the cessation of:
a. Hostilities, military movements including reconnaissance and reinforcements, as well as hostile actions;
b. All attacks by air or land, as well as all acts of sabotage and the laying of mines;
c. Attempts to occupy new ground positions and the movement s of troops and resources from one location to another other than the supply of food, clothing and medical support for military forces in the field;
d. All acts of violence against or other abuse of the civilian population, e.g., summary executions, torture, harassment, arbitrary detention and persecution of civilians on the basis of ethnic origin, religion, or political affiliations, incitement of the ethnic hatred, arming civilians, use of child soldiers, sexual violence, training of terrorists, genocide and bombing of the civilian population;
e. Supply of ammunition and weaponry and other war-related stores to the field;
f. All hostile propaganda between the parties, including defamatory, untruthfully, or derogatory statements, both within and outside the country.
4 For the purpose, the Nuba mountains means the whole Southern Kordofan and the province of Lagawa in Western Kordofan.
5 The parties shall exercise control over all armed groups other than their own forces within their own forces within their respective zones of control. They shall also promote the culture of peace and respect for civil and political rights and freedoms in those zones.
6 The parties shall communicate the cessation of hostilities through their respective command channels as well as to the civilian population by means of the print and electronic media.
7 The cessation of the hostilities shall be regulated and monitored through the Joint Military Commission (JMC) in accordance with the terms of article VII.
ARTICLE III
PRINCIPLE OF THE AGREEMENT
1. There shall be immediate disengagement of the combatants in the areas where they are in direct contact.
2. The redeployment of all combatants in the Nuba Mountains to defensive positions shall be carried out in accordance with the calendar in Annex A of this Agreement and the schedule in Annex B, which may be amended by unanimous decision of the Joint Military Commission.
3. The parties shall ensure that armed groups operating alongside their troops or on the territory under their control comply with the processes leading to the dismantling of those groups. In particular the parties shall immediately take all necessary measures aimed at controlling illicit trafficking of arms and the infiltration of armed groups.
4. The laying of mines of whatever type shall be prohibited.
5. The parties shall mark and signpost any danger areas to be identified to the Joint Military Commission.
6. The parties shall facilitate the repair and re-opening of roads and the removal of mines throughout the area covered by this Agreement.
7. The parties shall facilitate humanitarian assistance through the opening of humanitarian corridors and creation of conditions conducive to the provision of urgent humanitarian assistance to displaced persons and other affected persons.
8. The parties shall allow immediate and unhindered access to the International Committee of the Red Cross (ICRC) for the purpose of identifying and assuring the well-being of any person detained as a result of the conflict.
9. The parties undertake to provide accurate information concerning the cease-fire through the press and the media on a regular basis and shall not interfere with the dissemination of each other's information.
10. The agreement can be amended by agreement of the parties with the concurrence of the Joint Military Commission upon notice to the countries participating in the arrangements established in this Agreement.
11. The parties may agree to renew this agreement for an additional six (6) month period. Not later than 30 days before the expiration of the Agreement, either party may notify the central JMC that it is prepared to agree to such a renewal. If both parties agree, the Agreement shall be extended for an additional six (6) month period. Thereafter, the agreement may be further extended for additional periods by means of the same procedure.
ARTICLE IV
CESSATION OF HOSTILITIES
1. The parties shall announce a cessation of hostilities, to be effective within 72 hours after the signing of this Agreement. The parties through command channels shall disseminate the announcement of cessation of hostilities, and it shall concurrently be communicated to the civil population via print and electronic media.
2. Until the deployment of international observers, the cessation of hostilities shall be regulated and monitored by the parties through the Joint Military Commission. Once it has been deployed, the International Monitoring Unit (IMU) shall report to the JMC regarding verification, control and monitoring of the cessation of hostilities and subsequent disengagement.
3. Once the cease-fire has become effective, neither of the parties shall engage in movement or deployment of forces resulting in tactical or strategic advantage.
4. Any violation of the cessation of hostilities and subsequent events shall be reported to the JMC through the agreed chain of command for investigation.
ARTICLE V
DISENGAGEMENT
1. Immediate disengagement of all combatants as provided in Article III, paragraph 1, shall be limited to the effective range of direct fire weapons. Further withdrawals of weapons so as to place them out of range shall be conducted under the guidance of the Joint Military Commission.
2. Where immediate disengagement is not possible, as determined by the JMC, a sequence of steps is to be agreed upon by the parties through the JMC.
3. All artillery and indirect fire weapon systems within and influencing the Nuba Mountains will be rendered safe in a way designated by the JMC.
ARTICLE VI
MOVEMENT TO DEFENSIVE POSITIONS
1. Following disengagement in accordance with the terms of Article V, all combatants shall redeploy from combat positions to defensive positions in accordance with Annex B.
2. Upon re-deployment to defensive positions, all combatants shall provide relevant information on troop strength, armaments and weapons they hold in each location to the Joint Military Commission.
3. The JMC shall verify the report data and information. All combatants shall be restricted to the declared and recorded locations and all movements shall be authorized by the JMC.
4. All facilities customarily made available to soldiers, but which cannot be provide at the defensive positions, such as hospitals, logistics units and training facilities, shall be supervised by the JMC.
ARTICLE VII
THE JOINT MILITARY COMMISSION
1. A Joint Military Commission (JMC) shall be established to assist in the disengagement and redeployment of the combatants and maintaining the cease-fire in accordance with the terms of this Agreement. The organization of the JMC is indicted in Annex C.
2. The specific functions of the commission shall include:
a. Determining the location of combatants as of the effective date of this Agreement;
b. Verifying their disengagement;
c
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 Re: Sudan Peace Act (Re: sentimental)
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. Monitoring and reporting on the redeployment of the combatants from combat positions to defensive positions;
d. Monitoring and reporting on the storage of arms, munitions and equipment;
e. Supervising the mapping and clearance of mines (this may be done in phases taking into account the requirements of humanitarian assistance);
f. Inspecting all supplies to both parties;
g. Approving all flights destined to the Nuba Mountains;
h. Coordinating all military movements in the Nuba Mountains;
i. Resolving disputes concerning the implementation of this Agreement, including the investigation of any alleged violation;
j. Facilitating liaison between the parties for the purposes of this Agreement.
3. The JMC shall be composed of three (3) representatives from each party and a neutral chairman with two (2) vice-chairmen. The participating countries in consultation with the parties shall appoint the chairman and vice-chairmen.
4. The JMC shall be authorized to hire contractors, employ personnel, engage observers and obtain supplies and equipment to assist it in carrying out its responsibilities. The parties agree to facilitate the importation of necessary supplies and equipment required for the JMC's activities.
5. To the greatest extent possible, the JMC shall reach its decision by consensus. In the event of a deadlock the chairman shall have the deciding vote.
6. The chairman shall report regularly to the designated representatives of the parties and the participating countries regarding the activities of the JMC.
7. The parties undertake to provide the JMC immediately on the request with all relevant information necessary for implementation of this Agreement, including the organization, equipment and the position of their forces, on the understanding that such information shall be held in strict confidence.
8. The parties also undertake to accord the JMC and its personnel the facilities, privileges and immunities appropriate to its mission.
9. As soon as practical the JMC will designate a neutral location for the central JMC headquarters.
ARTICLE VIII
INTERNATIONAL MONITORS
1. An international Monitoring Unit (IMU) shall be established to assist the parties in implementing this Agreement and maintaining the cease-fire. The IMU shall work in collaboration with the Joint Military Commission provided for in Article VII.
2. The mandate of the IMU shall include the following:
a. To observe and monitor the cessation of hostilities;
b. To monitor the disengagement of forces and their redeployment to defensive positions as stipulated in the Agreement;
c. To verify all information, data and activities relating to the military forces and activities of the parties in the Nuba Mountains;
d. To assist the parties in creating a favorable operational environment for the conduct of the cease-fire;
e. To conduct liaison with humanitarian organizations for the purpose assisting with relief operations;
f. Upon request by any of the parties, to investigate alleged violations of the Agreement and to recommend measures to ensure compliance.
3. The IMU shall consist of an initial contingent of between 10 and 15 military and civilian personnel provided by countries acceptable to the parties and deployed as monitors in the Nuba Mountains.
4. The IMU shall keep the parties of the Agreement informed of its observation and monitoring operations.
5. The IMU shall have access to and freedom of movement within the Nuba Mountains.
6. The size of the IMU may be adjusted with the Agreement of the parties as necessary to carry out the objectives of this Agreement.
DONE at Burgenstock (NW) , Swiss Confederation, on the 19th day of January 2002.
FOR THE SUDAN PEOPLE'S LIBERATION MOVEMENT/NUBA (SPLM/NUBA) FOR THE GOVERNMENT OF THE REPUBLIC OF SUDAN
Cdr. Abdul Aziz Adam El Hilu Dr. Mutrif Siddig Ali
AS WITNESSES:
FOR THE SWISS CONFEDERATION
Ambassador Josef Bucher
FOR THE UNITED STATES OF AMERICA
Col. Cecil Dennis Giddens
ANNEX A
CALENDAR FOR THE IMPLEMENTATION OF THE CEASE-FIRE AGREEMENT
Major Cease-fire Steps Proposed Calender
1. Formal Signing of the Agreement D-Day
2. Announcement of and dissemination of information on cease-fire by all parties D-Day + 1day
3. Cessation of Hostilities, including Cessation of Hostile Propaganda D-Day + 3 days
4. Disengagement of Forces D-Day + 3 days to 14 days
5. Establishment of Joint Military Commission D-Day + 3 days to 30 days
6. Train All JMC Personnel D-Day + 14 days to 30 days
7. Provide Order of Battle Information to the JMC D-Day + 15 days
8. Establishment of International Monitoring Unit D-Day + 60 days
9. Evaluation desirability of extending cease-fire agreement or transition to a comprehensive cease-fire arrangement D-Day + 150 days
ANNEX B
Redeployment
1. The parties agree to consolidate their forces at designated positions within the Nuba Mountains. Forces will redeploy according to the following schedule:
Party/Strength
Consolidated Positions Final Position Comments
At D+45 At D + 180
GoS
7 Garrisons GEBEL-EL-AGEYR Final positions Out of Atoro
MORA (KARKAR) HEYBAN TBD Moro Valley,
RIGIFI EYRI
according to
UMDULU UM SIRDIBA
Appendix 1
AGAB
AL-DABBI(ERI)
UM SIRDIBA
GEBEL-EL-AGEYR
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SPLM/Nuba
51 Garrisons NYNGER Same as
(to be provided ARD KANAN Consolidated
to the JMC) KUBANG Positions
BADURA
KALKADA
LUMUN
SARAF JAMUS
NGURBAN
LEVU
KADARO
TULESHI
TIMA
WALI (South of Kogung)
JULUD
Reported positions and strength shall be verified by the Central JMC no later than D+30.
2. Military forces located in the Moro and Atoro Valley will be restricted to their designated garrisons until redeployed. Any movement of military forces in the Moro and Atoro Valley shall be reported to and authorized by the Central JMC. Local patrolling shall be limited to areas immediately surrounding a designated military garrison (not to exceed 500 meters).
3. GoS will retain civil administration (police, schools, medical, etc. ) responsibility in the Moro and Atoro Valley, Gevel-el Ageyr, and the Heyban Valley. The JMC will be consulted on outstanding issues concerning the police and militia. Strength of police forces in the Moro and Atoro Valley shall be determined by the Central JMC in consultation with the GoS.
4. The Miri Hill region (loosely defined by a box with corners at 29-30W/11-05N, 29-30W/10-55N,29-40W/10-55N,29-40W/11-05N) will be designated a demilitarized zone that shall be free of military forces. Demilitarization shall begin no later than D+45 and be completed no later than D+180. As soon as practical, a JMC survey team, including an international monitor, will visit the Miri Hill region to determine the locations of Sudanese Government and SPLM/Nuba areas. These areas will be identified and each Party will continue to provide civil administration (police, school, medical, etc.) in its respective area. In addition, the first sector JMC will be established in the Miro Hill region. This JMC, including one or more international observers, will observe civil administration in the region.
5. There shall be 5 Sector JMCs (see map for detail).
6. JMCs will be established according to the following principles:
· Neutral ground
· Freedom of movement for JMC personnel
· Accessibility
· Security
· Visibility
· Transparency
Appendix 1 to Annex B
GoS Redeployment Schedule
GoS Consolidated Garrison Completion Date of Redeployment
GEBEL-EL-AGEYR D - Day + 60 days
HEYBAN D - Day + 90 days
UMM-SERDEBA D - Day + 120 days
EYRI D - Day + 150 days
ANNEX C
THE JOINT MILITARY COMMISSION
A. Objectives
1. The Joint Military Commission (JMC) shall serve three main functions:
a. To assist the Parties in implementing the Cease-fire Agreement. The JMC shall be the central coordinating body for supervision of the disengagement and redeployment of the combatants and maintaining the cease-fire in accordance with the terms of the Agreement.
b. To serve as a dispute resolution mechanism. The JMC shall resolve all disputes and military or operational difficulties, complaints, questions, or problems regarding implementation of this Agreement.
c. To assist in confidence building. The JMC shall work to gain the trust and confidence of the parties and promote the overall goals of the Cease-fire Agreement among the people of the Nuba Mountains.
2. To achieve these goals, the JMC shall operate according to the following basic principles:
a. Resolve all problems and disputes at the lowest level possible;
b. Maintain flexibility to ensure promises can be delivered;
c. Promote joint problem solving and build trust and confidence through inclusive agenda setting;
d. Build on lessons learned in the process.
B. Responsibilities
1. The specific responsibilities of the JMC, in accordance with the Article VII of the cease-fire Agreement, shall be as follows:
a. Determine location of combatants as of the effective date of the Agreement;
b. Verify the disengagement of combatants;
c. Monitor and report on the redeployment of the combatants from combat positions to defensive positions;
d. Monitor and report on the storage of supplies, ammunition and equipment;
e. Monitor and report on the mapping and clearance of mines;
f. Facilitate liaison between the Parties;
g. Coordinate all military movements:
h. Inspect all supplies being provided to both parties;
i. Disseminate information on the cease-fire through all media.
2. The JMC and its components shall be assured freedom of movement throughout the Nuba Mountains.
3. The Chairman of the JMC shall report regularly to the designated representatives of the parties and the participating countries regarding the status and activities of the JMC.
C. Organization
1. The JMC shall be composed of three representatives from each Party and a neutral Chairman and tow Vice-Chairmen as provided in Article VII, paragraph 3, of the Cease-fire Agreement. The Chairmen and the Vice Chairman shall be appointed by the participating countries in consultation with the parties. One of the Vice-Chairmen shall be responsible for the daily operations of the JMC and shall be empowered to act as Chairman when necessary. Until the designation of the Chairman and Vice-Chairmen, the JMC will be co-chaired by the parties.
2. The Chairman shall be responsible for supervising compliance of the parties with the Cease-fire Agreement, acting as the final authority for resolving disputes, and approving all flights destined to the Nuba Mountains.
3. The JMC shall be organized in the following manner:
a. Central JMC: The Central JMC shall be located in the Nuba Mountains. The JMC support staff shall be part of the Central JMC and shall be organized along the following functional lines:
· Operations Team: Coordinates all air and ground activities related to the JMC's activities as well as the activities of the Joint Observers in the Nuba Mountains.
· Transportation/Logistics Team: Coordinates transportation, communication, supply and logistics requirements for the JMC.
· Compliance and Legal Team: Reviews the reports of the Joint Observer and International Monitoring Unit reports and provides legal advice to the Chairman, Vice-Chairmen and JMC staff.
· Information Team: Coordinates the dissemination of information to support and promote the Cease-fire Agreement among the people in the Nuba Mountains, including for example information regarding activities of the JMC, timetables for disengagement and convoy movements, school and medical information, access to grazing and farming areas, etc. The means of dissemination include but are not limited to radio broadcasts, mobile media units, local newspapers, tribal chiefs. Work with caravans and sport games.
· Medical Support Team: Provides all necessary health and medical care and advice.
· GoS Team: Conducts liaison with GoS.
· SPLM Team: Conducts liaison with SPLM/Nuba.
b. International Monitoring Unit (IMU): The IMU shall be part of the Central JMC and shall include the Chairman and Vice-Chairmen and support staff with the exception of the GoS and SPLM teams. In accordance with Article VIII of the Agreement, the IMU shall be established as soon as possible in order to assist the Parties in implementing this Agreement.
· Under the orders of the chairman, members of the IMU can be deployed anywhere in the Nuba Mountains to monitor and report on implementation of the Agreement and as necessary to investigate any alleged violations of the Agreement. When deployed, members of the IMU shall be accompanied by Joint Observers from the appropriate Sector or Local JMC.
· The IMU shall operate throughout the area covered by this Agreement. It shall consists of between 10 to 15 third party military and civilian personnel, with the necessary support personnel, to be assigned at the Central JMC and at the Sector JMCs at the discretion of the Chairman. The size of the IMU may be adjusted with the agreement of the Parties as necessary to carry out the objectives of this Agreement.
· The IMU shall be granted unrestricted access to all areas in the Nuba Mountains for the purpose of monitoring and reporting on the activities, and investigating alleged violations, of the Cease-fire Agreement.
· In all operations, the IMU shall adhere to the principles of neutrality and tranparency.
c. Sector JMCs: There shall be five Sector JMCs, to be established by the Chairman of the JMC in consultation with the Parties.
· The Sector JMCs shall be co-chaired by senior military officers of the Parties. They shall be responsible for observing and reporting compliance with the resolving disputes concerning implementation of the Cease-fire Agreement in their designated sectors. They shall also be responsible for submitting periodic status reports to the Central JMC. The Sector JMCs shall refer disputes to the Central JMC if they cannot resolve the dispute.
· Joint Observer Teams: Joint Observer Teams are composed of two members (one form each party) for the purpose of conducting joint patrols within the Sector JMC's assigned area of responsibility and observing and reporting on alleged violations of the Cease-fire Agreement.
· Operations Team: The Operations Teams of the Sector JMCs shall plan and coordinate all JMC activities within their assigned area of responsibility, including those of the Joint Observer Teams. They shall prepare periodic situation reports for submission to the Central JMC.
d. Local JMCs: There shall be an appropriate number of Local JMCs to be established by the Chairman of the JMC in consultation with the Parties.
· The Local JMCs shall be chaired, on an alternating monthly basis, by a senior military officer of the respective Parties. They shall be responsible for observing and reporting to the Sector JMCs on compliance with the cease-ire and for resolving disputes concerning the Cease-fire Agreement in their designated areas of responsibility. They are also responsible for submitting periodic status reports to the appropriate Sector JMC. The local JMCs shall refer disputes to their Sector JMC if they cannot resolve the dispute.
· Joint Observer Teams: The Joint Observer Teams consist of two members (one from each Party) who conduct joint patrols within the Local JMCs assigned area of responsibility and observe and report to the Local JMC on alleged violations of the Cease-fire Agreement.
D. Filling System
1. The Central JMC shall establish and maintain a database on the Parties locations and activities, local police position, as well as records of meetings, valid memorandums, and the resolution of disputes.
2. The Chairman of the Central JMC shall periodically transmit summaries concerning its activities to the designated representatives of the parties and the participating countries.
JMC LEVELS OF ORGANIZATION
Central JMC Staff Organization
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Ahlalawad
فيس بوك
تويتر
انستقرام
يوتيوب
بنتيريست