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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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| العنوان |
الكاتب |
Date |
 Sudan Peace Act | sentimental | 10-29-02, 11:36 AM |
 Re: Sudan Peace Act | sentimental | 10-29-02, 01:34 PM |
| Re: Sudan Peace Act | Ahlalawad | 10-29-02, 02:01 PM |
| Re: Sudan Peace Act | koky | 10-29-02, 03:52 PM |
 Re: Sudan Peace Act | sentimental | 11-17-02, 07:53 AM |
 Re: Sudan Peace Act | sentimental | 11-18-02, 07:51 AM |
| Re: Sudan Peace Act | sentimental | 12-22-02, 12:28 PM |
| Re: Sudan Peace Act | sentimental | 12-22-02, 12:29 PM |
| Re: Sudan Peace Act | sentimental | 12-22-02, 12:30 PM |
| Re: Sudan Peace Act | sentimental | 01-19-03, 10:48 AM |
 Re: Sudan Peace Act | sentimental | 01-19-03, 10:50 AM |
| Re: Sudan Peace Act | sentimental | 01-19-03, 10:51 AM |
| Re: Sudan Peace Act | sentimental | 01-19-03, 10:52 AM |
| Re: Sudan Peace Act | sentimental | 01-26-03, 09:39 AM |
| Re: Sudan Peace Act | sentimental | 01-26-03, 09:40 AM |
| Re: Sudan Peace Act | sentimental | 01-26-03, 09:44 AM |
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