The Republic of Namibia gained its independence on 21 March 1990 after decades of colonial rule by Germany and later occupation by South Africa’s apartheid government. Before independence, Namibia saw grave violations of human rights, including the Nama and Herero genocide at the hands of German colonialists, the forced disappearances of thousands by South African...
CSVR | CENTRE FOR THE STUDY OF VIOLENCE AND RECONCILIATION
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View AllThe Parties to the Declaration agreed on the prerequisites to foster an environment conducive to holding a National Constitutional Conference, including a declaration by all political forces and the government to discuss the Basic Problems of Sudan, and not the so-called problem of southern Sudan; the lifting of the state of emergency; adoption of the 1956 Constitution with the 1964 amendments on regional government; and steps towards a ceasefire. The Parties agreed to the Agenda of the Conference as including inter alia questions of nationality, religion, basic human rights, system of rule, uneven development and natural resources, etc. The Parties agreed to set up a joint liaison committee for consultations leading up to the Conference.
The Parties to the Agreement decided to enact a law called the law for Regional Self-Government in the Southern Provinces, which cannot be amended except by a three-quarters majority of the People’s National Assembly and confirmed by a two-thirds majority in a referendum held in the three Southern Provinces of the Sudan. The Parties agreed that the Provinces of Bahr El Ghazal, Equatoria and Upper Nile would constitute a self-governing region within Sudan and be known as the Southern Region, which will have legislative and executive organs. The People’s Regional Assembly and High Executive Council were established, but would have no powers on matters of a national nature, including national defence, customs and trade or planning for economic and social development. The Agreement set out the composition, election and legislative powers of the People’s Regional Assembly as well as the functions of the High Executive Council. The President may veto any Bill deemed contrary to the National Constitution. The Parties further agreed that citizens of the Southern Region would constitute a sizable proportion of the People’s Armed Forces. The Parties agreed that citizens in the Southern Region would be guaranteed equal opportunities in education, employment and commerce, and agreed that the equality of citizens and personal liberties would be guaranteed in the National Constitution. The Parties established a joint Commission for the implementation of a ceasefire and repatriation of refugees.
In the Cooperation Agreement, the Parties recognised that they share a long and rich common heritage, and recognised further the urgent need to bring peace, security and stability. The Parties agreed to establish Sudan and South Sudan as two viable, stable, secure and at peace States, and agreed to cooperate across the range of areas of common interest to ensure this, including through policies and agreements. The Parties identified the areas in which agreements would be adopted, including matters relating to oil, border issues and trade, amongst others. The Parties agreed to establish mechanisms for monitoring and implementing these agreements, and for dispute resolution. The Parties agreed to strive to complete negotiations on the outstanding Comprehensive Peace Agreement issue relating to the border areas.
In relation to the Abyei Joint Committee, the Parties agreed to the establishment of the Abyei Joint Oversight Committee (AJOC) with the aim to oversee the administration of the Abyei Area. The Members of the AJOC agreed to keep in mind the interests of the local communities, especially in relation to the planting and migration seasons. The Parties agreed to the establishment of an Abyei Executive Council, which would report to the AJOC monthly on the current situation, reconciliation, development/finance and humanitarian planning. The Abyei would also consider matters related to IDPs. The AJOC assigned the following functions to the Executive Council: assisting with the recruitment of the Abyei Police Service and the establishment of its special migration unit, and monitoring the civilian aspect of security and stability, also in relation to migration. The Pact on Core Principles is only available in Arabic.
In the Framework Agreement on the Status of Nationals of the Other State, the Parties agreed that the social and economic viability of the two States necessitates continuous interaction between people of the two States. The Parties agreed to set up a Joint High Level Committee to adopt and implement measures on the status and treatment of the nationals of each State in the territory of the other. The Parties further set out the freedoms of nationals of the other State, including freedom of residence, movement, undertaking economic activity and acquiring and disposing of property.
The Agreement provided for a Revitalised Transitional Government of National Unity, and set out its establishment, mandate, composition and structure of the Executive, comprising a President, First Vice President and Vice Presidents, Council of Ministers and the Transitional National Legislative Assembly and Council of States. The Agreement provided for the boundaries and number of states. It provided for state and local governments and the judiciary, as well as transitional institutions and mechanisms such as the Anti-Corruption Commission, Peace Commission and Refugees Commission, amongst others. The Agreement also set out the provisions guiding the holding of national elections. It provided for a Disarmament, Demobilisation and Re-Integration Commission and a Strategic Defence and Security Review Board. The Agreement protects the right of Refugees and IDPs to return in safety and dignity and to be afforded physical, legal and psychological protection.
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View AllThe Parties agreed to form a Joint Political Committee to address all issues relevant to Blue Nile and Southern Kordofan States, guided by agreed on principles, including inclusive governance, balanced development, popular consultations and a peaceful and prosperous future. The mandate of the Joint Political Committee would include implementation of the outstanding provisions of the Comprehensive Peace Agreement, achievement of the goals of Popular Consultation, inclusive national political process, etc. The Parties agreed to form a joint committee to discuss issues of national concern, including an inclusive Constitutional review process. The Parties affirmed the right of SPLMN to continue as a political party. As a basis for security arrangements, the Parties agreed that Sudan will have one national army and that the SPLA forces from Blue Nile and Southern Kordofan would be integrated into the national armed forces, other security forces or civil service, or undergo DDR.
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