Memorandum of Understanding between the Government of the Sudan (GoS) and the Sudan People’s Liberation Movement/Army (SPLM/A) on Aspects of Structures of Government
18 November 2002
Agreement between the Government of Sudan and the Sudan People’s Liberation Movement on Capacity Building and the Creation of a Joint Planning Mechanism (JPM) from the Sudan Technical Meeting
10 May 2003
The Parties to the Machakos Protocol agreed that the people of South Sudan have a right to self-determination, to govern affairs in their region and to participate equitably in the National Government. The Parties agreed to a six-year interim period, after which an internationally monitored referendum would take place for the people of South Sudan to vote for secession or unity. The Parties agreed that there would be freedom of belief, worship and conscience and that no one would be discriminated against on such grounds, and further that eligibility for public office and the enjoyment of all rights and duties would be based on citizenship and not on religion. To give effect to the right to self-determination, the Parties agreed on the political framework of governance in the Sudan, including by establishing the National Constitution as the supreme law. They agreed to establish a National Constitutional Review Commission to draft a Legal and Constitutional Framework to govern the Interim Period and undertake an inclusive Constitutional review. The Protocol made provision for a national government and national legislation to be applicable throughout the territory. The Parties agreed to formulate a resettlement, rehabilitation, reconstruction and development plan for areas affected by the war and to redress historical imbalances in resource allocation. The Parties also agreed to the sequence, time periods and processes for implementing the Peace Agreement. This provided for the establishment of the necessary institutions and other preparatory work during a Pre-Interim Period, followed by an interim period of six years, with progress in implementation tracked by an independent Assessment and Evaluation Commission.
The Parties to the November 2002 MoU agreed on aspects of power sharing, the judiciary, human rights, structures of Government and revenue sharing. The Parties recognised the national sovereignty of the Sudan as vested in its people as well as the need to give expression to the aspirations of the people of Southern Sudan in all spheres of Government, including equitable representation in the National Legislature, national civil service and Cabinet Ministries. The Parties agreed to promote the welfare of the people and protect their human rights and fundamental freedoms, and to undertake a census and hold free and fair general elections in the interim period. The Parties agreed to establish a Government of National Unity in the interim period and to provide for a collegial decision-making process in the Presidency. The Parties agreed to implement an information campaign throughout Sudan to popularise the Peace Agreement in the context of the Machakos Protocol.
Under the Capacity Building Agreement, the Parties agreed to adopt a programme that provides rapid tangible benefits to Sudanese in the first six months after a peace agreement, and for capacity building that gives the necessary support to Sudanese in their preparation for the transitional government in the Pre-interim Period. The Parties agreed on the principles that would guide the capacity building, including to strengthen structures, institutions and procedures that ensure effective development, management of transparent and accountable governance and respect for human rights, and promote conflict prevention and management, peacebuilding and sustainability. The Parties identified priority areas, including the conducting of a needs assessment, human resource development, strengthening civil society and effective return and integration of displaced persons. The Parties agreed on the modalities for implementation and to establish a Joint Planning Mechanism to assist in doing the needs assessment, harmonising priorities and implementing the quick start/impact programming comprising return and integration of displaced persons, governance, law and order, social development and peace culture, amongst others.
In the Agreement on Security Arrangements the Parties agreed that should the result of the referendum on self-determination confirm unity, the future army of Sudan would be composed of the Sudanese Armed Forces (SAF) and the Sudan People’s Liberation Army (SPLA). The Parties agreed that the two forces, the SAF and the SPLA, would remain separate during the Interim Period and that both forces would be considered and treated equally as Sudan’s National Armed Forces, with the proportional downsizing of the forces on both sides. The Parties agreed to DDR programmes for the benefit of all those who would be affected by the reduction, demobilisation and downsizing of the forces. The Parties agreed to form Joint/Integrated Units which would be a symbol of national unity during the Interim Period, be involved in the reconstruction of the country and constitute a nucleus of a post-referendum army of Sudan if unity is confirmed. The Parties agreed that no armed group allied to either party would be allowed to operate outside the two forces, with such persons who have the desire and who qualify incorporated into the organised forces of either Party (Army, Police, Prisons and Wildlife forces) while the rest reintegrated into the civil service and civil society institutions. The Parties agreed that structures and arrangements affecting all law enforcement organs would be dealt with as part of the power-sharing arrangements.