Dispute Resolution Committee: Sudan Comprehensive Peace Agreement

Annexure I: Permanent Ceasefire and Security Arrangements Implementation Modalities and Appendices (Signed at Naivasha, Kenya on 31st December 2004)

10.1. The following acts shall constitute violations to this Agreement:

10.5. The Parties agree that any deadlock arising out of the implementation of the ceasefire shall be referred, as of last resort, to the Presidency for consideration and action after having exhausted all avenues of dispute management at all lower levels;

13. Verification, Monitoring, Complaints and Obligations

13.1 The structure and levels of monitoring and verification of the implementation of this Agreement shall be as follows:

13.1.1. Ceasefire Political Commission (CPC)

13.1.2. Ceasefire Joint Military Committee (CJMC)

13.1.3. Area Joint Military Committee (AJMC)

13.1.4. Joint Military Teams (JMTs)

14. The Ceasefire Political Commission (CPC)

14.1 The CPC shall be answerable to the Presidency;

14.2 The CPC shall be a political decision making body composed of:

14.2.1. One senior political representative from each Party;

14.2.2. One senior officer each from SAF and SPLA;

14.2.3. Special Representative of UN Secretary General or his deputy;

14.2.4. Senior Security officer (after the establishment of National Security Service);

14.2.5. One Legal advisor from each Party;

14.2.6. Representative of Intergovernmental Authority on Development (IGAD) (observer);

14.2.7. Representative of IGAD Partner's Forum (lPF) (observer);

14.3. The CPC chair shall be' rotational between the Parties;

14.4. The CPC shall reach its decisions by consensus of the Parties;

14.5. The mandate and functions of the CPC shall be to:

14.5.1. supervise, monitor and oversee the implementation of this Agreement;

14.5.2. complete negotiating any operational details as shall be necessary;

14.5.3. sound the Parties to rise up to their obligations in this Agreement;

14.5.4. update the Parties on the progress of the ceasefire implementation;

14.5.5. co-ordinate with other relevant national and international bodies;

14.5.6. settle deadlocks arising out from the cease fire implementation as reported by the CJMC and refer the unresolved ones to the Presidency;
14.5.7. provide disciplinary measures for violations;

14.5.8. provide a political forum for continuous dialogue between the Parties and the international community;

14.5.9. foster confidence building between the Parties;

14.5.10. Update the IGAD, IPF, African Union (AU) and the United Nations periodically on the process of the ceasefire implementation as deemed necessary;

14.5.11. propose amendments in the Agreement to the Presidency.

14.6. Ceasefire Joint Military Committee (CJMC)

14.6.1. The CJMC shall be answerable to the CPC and shall oversee the activities of AJMC;

14.6.2. The CJMC shall be located in Juba;

14.6.3. The CJMC shall be a military decision making body and shall be composed of:

14.6.3.1. The Force Commander of the UN Monitoring Mission (Chair),

14.6.3.2. The Deputy Force Commander from countries acceptable to the Parties. Considering that the official working languages in Sudan are Arabic and English;

14.6.3.3. Three officers from SAF with ranks not less than Colonel;

14.6.3.4. Three senior officers from SPLA

14.6.3.5. Officer in charge of National Security at that level;

14.6.3.6. One senior police officer at the level of Southern Sudan.

14.6.4. The CJMC shall reach its decisions by consensus of the Parties and shall establish its own internal regulations;

14.6.5. The CJMC shall have the following functions:

14.6.5.1. Oversee compliance of the Parties to their obligations under this Agreement;

14.6.5.2. Coordinate planning, monitoring and verification of the implementation of this Agreement;

14.6.5.3. Facilitate liaison between the Parties;

14.6.5.4. Coordinate monitoring and verification of disengagement, disarmament and redeployment of the forces as agreed upon in this Agreement;

14.6.5.5. Check on the conduct of the military forces;

14.6.5.6. Specification of current locations of troops as of the D Day;

14.6.5.7. Monitoring troop strength, stocks of arms, ammunitions and other war-related equipment;

14.6.5.8. Coordination and monitoring of pennitted military movement and itineraries thereof;

14.6.5.9. Receiving and verifying unresolved violations, disputes and complaints and rule on them;

14.6.5.10. Serving as a channel of communication between the Parties;

14.6.5.11. Inspection of replenishment of supplies to the forces;

14.6.5.12. Supervision of demining activities, decommissioning of unexploded ordnance and other form of military hazards;

14.6.5.13. Dissemination of infonnation about this Agreement;

14.6.5.14. help Parties in disarming and reintegrating armed groups;

14.6.5.15. monitor and verify the disarmament of all Sudanese civilians who are illegally armed;

14.6.5.16. be responsible for executing peace support operations in collaboration with VMT, JMC and CPMT, until the deployment of the UN monitors; after which the roles of the latter shall cease to exist;

14.6.6. Decisions reached by the CJMC shall be communicated down through the individual chains of command and reported up to the CPC.

14.6.7. Subject to the timing of different activities specified in the Agreement on Security Arrangements, the CJMC may readjust on practical considerations the timing of activities or obligations related to ceasefire including redeployment North and South of the 1956 North South border and activities referred to in sub-section 8.7 herein.

14.6.8. The CJMC shall compile necessary cartographical and mapping references which, once agreed to by the Parties, shall be used for the purposes of monitoring the implementation of this Agreement. However, such cartographical and mapping references shall have no bearing whatsoever on the subsequent delineation of the 11/1/1956 North/South border by the ad hoc border commission that the Parties will set up as part of the Agreement on Implementation Modalities.

14.6.9. The CJMC shall be entitled to move freely throughout the Ceasefire Zone.

14.7 Area Joint Military Committee (AJMC)

14.7.1 The AJMC that shall be established in Juba, Malakal, Wau, Kadugli, Abyei, Damazien or Kurmuk, and shall be composed as follows:

14.7.1.1 The most senior UN Officer in the Area, Chairperson;

14.7.1.2 Equal number of senior officers from SAF and SPLA;

14.7.1.3 UN monitors.

14.7.2 AJMC shall be established in Kassala or Hamashkoreb in Eastern Sudan to monitor and verify the redeployment of SPLA forces as provided in sub-section 4 (c)(v)(a) of Agreement on Security Arrangements;

14.7.3 The AJMC shall be charged with the following functions:

14.7.3.1 monitor and verify alleged violations and resolve disputes;

14.7.3.2 report periodically and refer unresolved complaints to CJMC;

14.7.3.3 Liaise and share information with the Security Committee in the designated area;

14.8 Joint Military Teams (JMTs)

14.8.1. JMTs shall be the lowest operating unit of the cease fire monitoring mechanism;

14.8.2. JMTs shall be established and designated by the AJMC at that level;

14.8.3. A JMT shall be composed of UN senior officer at that level, international monitors, equal number of officers from SAF and SPLA.

14.8.4. JMTs shall conduct regular patrols and visits throughout their respective areas to prevent violations, preserve the ceasefire, and assist in building confidence.

14.8.5. JMTs shall monitor, verify and report alleged violations to the appropriate AJMC.

Implementation History

2005

Minimum Implementation

According to the 2005 CPA, all disputes related to the implementation of the ceasefire agreement would be referred to the Presidency as a last resort for dispute settlement. The agreement contained provisions for dispute settlement related to the implementation of the ceasefire agreement at lower levels. As provided, the Joint Military Team (JMT) was to monitor, verify and report alleged violations to the appropriate Area Joint Military Committee (AJMC). The AJMC was to monitor and verify alleged violations and resolve disputes. The AJMC was also instructed to refer unresolved complaints to Ceasefire Joint Military Committee (CJMC). The Ceasefire Political Commission (CPC) was to settle deadlocks arising from the ceasefire implementation as reported by the CJMC, and was to refer the unresolved ones to the Presidency.

 All these mechanisms to settle disputes related to the implementation of ceasefire settlement were in place in 2005. The Ceasefire Political Commission was established on 27 August 2005 by presidential decree and its membership announced on 1 November 2005.1

  • 1. "The CPA Monitor-Monthly report on the Implementation of the CPA," UNMIS. February 2009.
2006

Minimum Implementation

Even with the establishment of a dispute resolution mechanism related to the implementation of ceasefire provisions, the mechanism did not function quite as well as intended. Many issues remained unresolved due to a deadlock within the Ceasefire Political Commission as well as at the level of the presidency. 

2007

Minimum Implementation

No developments observed this year.

2008

Minimum Implementation

No developments observed this year.

2009

Minimum Implementation

The CPA provides for the freedom of movement of the UN Monitors throughout the Ceasefire Zone. However, their movement was oftentimes restricted by both sides. The JMT refereed the issue at various Ceasefire Joint Military Committee meetings and the CJMC had been regularly referred to CPC. Nevertheless, the CPC could not resolve the dispute.2

  • 2. "The CPA Monitor-Monthly report on the Implementation of the CPA," UNMIS, February 2009.
2010

Minimum Implementation

No developments observed this year.

2011

Minimum Implementation

 Even with the establishment of a dispute resolution mechanism related to the implementation of ceasefire provisions, the mechanism did not function quite as well as intended. Many issues remained unresolved due to a deadlock within the Ceasefire Political Commission as well as at the level of the presidency.  In its meeting the CJMC requested CPC to approach the Joint Defense Board to form a Board of Inquiry to investigate the 1 May 2011 invasion in the Abyei area. Issues referred to the Ceasefire Political Commission, however, often were left unresolved due to deadlock.3

  • 3. "The CPA Monitor-Monthly report on the Implementation of the CPA," UNMIS, May 2011.