Chapter II: Power Sharing (Signed at Naivasha, Kenya on 26th May, 2004)
1.6.2.15 The Rights of Children
Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his/her status as a minor.
Chapter II: Power Sharing (Signed at Naivasha, Kenya on 26th May, 2004)
1.6.2.16 Equal Rights of Men and Women
(a) The equal right of men and women to the enjoyment of all civil and political rights set forth in the International Covenant on Civil and Political Rights and all economic, social, and cultural rights set forth in the International Covenant on Economic, Social and Cultural Rights shall be ensured;
Chapter I: The Machakos Protocol (Signed at Machakos, Kenya on 20th July, 2002)
Part A: Agreed Principles
1.3 That the people of South Sudan have the right to self-determination, inter alia, through a referendum to determine their future status.
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.
2.5 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.
CHAPTER IV: The Resolution of The Abyei Conflict
1.3 End of Interim Period
Simultaneously with the referendum for southern Sudan, the residents of Abyei will cast a separate ballot. The proposition voted on in the separate ballot will present the residents of Abyei with the following choices, irrespective of the results of the southern referendum:
a. That Abyei retain its special administrative status in the north;
b. That Abyei be part of Bahr el Ghazal.
Annexure I: Permanent Ceasefire and Security Arrangements Implementation Modalities and Appendices (Signed at Naivasha, Kenya on 31st December 2004)
PART I: The Ceasefire Arrangements
1. General and Fundamental Provisions
1.10. The Parties shall commit themselves to render and facilitate humanitarian assistance through creation of conditions conducive to the provision of urgent humanitarian assistance to displaced persons, refugees and other affected persons and their right to return;
8.6. To safeguard against the menace and hazards posed by landmines and unexploded ordnance, the Parties agree that:
8.6.4. The Parties shall conduct de-mining activities as soon as possible, and in coordination with the UN Peace Support Mission with a view to create the conditions necessary for deployment of the UN Peace Support Mission and the return of displaced populations;
22. Policing Issues and Domestic Security
22.1.4. Assist returning refugees, the displaced and other returnees to start a normal, stable and safe life in their respective communities;
Annexure I: Permanent Ceasefire and Security Arrangements Implementation Modalities and Appendices (Signed at Naivasha, Kenya on 31st December 2004)
PART I: The Ceasefire Arrangements
1. General and Fundamental Provisions
1.10. The Parties shall commit themselves to render and facilitate humanitarian assistance through creation of conditions conducive to the provision of urgent humanitarian assistance to displaced persons, refugees and other affected persons and their right to return;
22. Policing Issues and Domestic Security
22.1.4. Assist returning refugees, the displaced and other returnees to start a normal, stable and safe life in their respective communities;
Chapter II: Power Sharing (Signed at Naivasha, Kenya on 26th May, 2004)
1.6 Human Rights and Fundamental Freedoms:
1.6.1 The Republic of the Sudan, including all levels of Government throughout the country, shall comply fully with its obligations under the international human rights treaties to which it is or becomes a party. These include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child, the Slavery Convention of 1926, as amended, and the related Supplementary Convention, the International Convention on the Suppression and Punishment of the Crime of Apartheid, the International Convention Against Apartheid in Sports, the Convention Relating to the Status of Refugees and the Related Protocol, and the African Charter on Human and People’s Rights. The Republic of the Sudan should endeavor to ratify other human rights treaties which it has signed.
1.6.2. The rights and freedoms to be enjoyed under Sudanese law, in accordance with the provisions of the treaties referred to above, include in particular the following:
1.6.2.1 Life
Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his/her life;
1.6.2.2 Personal Liberty
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his/her liberty except on such grounds and in accordance with such procedures as are established by law;
1.6.2.3 Slavery
No one shall be held in slavery; slavery and the slave trade in all their forms shall be prohibited. No one shall be held in servitude or be required to perform forced or compulsory labour;
1.6.2.4 Torture
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment;
1.6.2.5 Fair Trial
(a) Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his/her arrest and shall be promptly informed of any charges against him/her;
(b) In the determination of any criminal charges against him/her, or of his/her rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law;
(c) Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law;
(d) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed;
(e) In the determination of any criminal charge against him/her, everyone shall be entitled, in full equality, to be tried without undue delay, to be tried in his/her presence and to defend himself/herself in person or through legal assistance of his/her own choosing and to have legal assistance assigned to him/her in any case where the interests of justice so require.
1.6.2.6 Privacy
No one shall be subjected to arbitrary or unlawful interference with his/her privacy, family, home or correspondence;
1.6.2.7 Freedom of Thought, Conscience and Religion
Everyone shall have the right to freedom of thought, conscience and religion;
1.6.2.8 Freedom of Expression
Everyone shall have the right to freedom of expression;
1.6.2.9 Freedom of Assembly and Association
The right of peaceful assembly shall be recognized. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his/her interests;
1.6.2.10 Family and Marriage
(a) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State;
(b) The right of men and women of marriageable age to marry and to found a family shall be recognized, according to their respective family laws.
1.6.2.11 Right to Vote
Every citizen shall have the right and the opportunity, without distinctions and unreasonable restrictions, to vote and to be elected at genuine periodic elections, which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;
1.6.2.12 Equality Before the Law
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law;
1.6.2.13 Freedom from Discrimination
The law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status;
1.6.2.14 Freedom of Movement
Everyone has the right to liberty of movement and freedom to choose his/her residence;
1.6.2.15 The Rights of Children
Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his/her status as a minor.;
1.6.2.16 Equal Rights of Men and Women
(a) The equal right of men and women to the enjoyment of all civil and political rights set forth in the International Covenant on Civil and Political Rights and all economic, social, and cultural rights set forth in the International Covenant on Economic, Social and Cultural Rights shall be ensured;
(b) The human rights and fundamental freedoms embodied in the International Covenant on Civil and Political Rights (ICCPR) shall also be reflected in the Interim National Constitution. No derogation from these rights and freedoms shall be made under the Constitution or under the ICCPR except in accordance with the provisions thereof and only with the approval of the Presidency and the National Legislature, as required by Section 2.3.14 herein;
(c) These human rights and fundamental freedoms shall be monitored by the Human Rights Commission specified in paragraph 2.10.1.2 herein.
2.10 Other Independent and/or National Institutions to be Established in
Accordance with the Peace Agreement:
2.10.1 The National Constitutional Review Commission, as detailed in Section 2.12 herein, shall also detail the mandate and provide for the appointment and other mechanisms to ensure the independence of the following institutions:-
2.10.1.2 A Human Rights Commission;
Annexure I: Permanent Ceasefire and Security Arrangements Implementation Modalities and Appendices (Signed at Naivasha, Kenya on 31st December 2004)
Part II: The Armed Forces
22. Policing Issues and Domestic Security
22.1. In order to facilitate the removal and withdrawal of the military and paramilitary forces from areas where they were previously located and in order to return societal order and harmony, in accordance with the law, in compliance with national and international acceptable standards and with accountability to the Courts and civil Administration, the police at the appropriate level during the ceasefire shall:
22.1.1. Maintain law and public order;
22.1.2. Ensure safety and security of all people and their property;
22.1.3. Prevent and detect crimes.
22.1.4. Assist returning refugees, the displaced and other returnees to start a normal, stable and safe life in their respective communities;
22.1.5. Provide national service ( such as nationality, civil registry, identity documents (IDs), passports etc.) and other police services and make them available to all citizens in their locations;
22.1.6. Protect VIPs in collaboration with other security agencies;
22.1.7. Preserve natural resources;
22.1.8. Combat illicit trafficking in narcotics, drugs and illegal trade in fireanns and other organized and trans boundary crimes in the area;
22.1.9. Control illegal presence and movement of aliens in the area;
22.1.10. Collect data and information on criminal matters that threaten implementation of the peace agreement in the area.
22.1.11. Remove the need for the deployment of military and para-military forces in villages, communities and city streets;
22.1.12. Combat corruption at all levels of government and civil society.
Annexure I: Permanent Ceasefire and Security Arrangements Implementation Modalities and Appendices (Signed at Naivasha, Kenya on 31st December 2004)
Part I: The Ceasefire Arrangements
1.8. The Parties shall commit themselves to immediate release of prisoners of war (POWs) and as a gesture of national reconciliation release any other persons detained as a result of the war upon the endorsement of the Comprehensive Peace Agreement;
Annexure I: Permanent Ceasefire and Security Arrangements Implementation Modalities and Appendices (Signed at Naivasha, Kenya on 31st December 2004)
Part III: Demobilization, Disarmament, Re-Integration and Reconciliation
23. Objectives
23.1 The overarching objective of the DDR process is to contribute to creating an enabling environment to human security and to support post-peace-agreement social stabilization across the Sudan, particularly war affected areas.
23.2 The DDR programme shall take place within a comprehensive process of national reconciliation and healing throughout the country as part of the peace and confidence building measures.
24. Guiding Principles
24.1 In implementing the DDR programme the Parties agree that the implementing organs shall be guided by the following common principles:
24.2. The national ownership of the process and that the capabilities of the National Institutions shall be built to effectively lead the overall DDR process; for this purpose efficient planning, implementation and supervisory institutions shall be established to operate as soon as possible.
24.3. That the DDR process in the Sudan shall be led by recognized state institutions and international partners shall only play a supportive role to these institutions. The process shall be sustained through cooperation and coordination with local NGOs and active support from the international community by facilitating and extending material and technical assistance throughout the entire DDR process and the transition from war to peace.
24.4. That no DDR planning, management or implementation activity shall take place outside the framework of the recognized interim and permanent DDR institutions referred to in paragraphs 25.1 and 25.2. here under.
24.5. Fairness, transparency, equitability and consistency for determining the eligibility of ex-combatants targeted for assistance.
24.6. Ex-combatants shall be treated equitably irrespective of their previous military affiliations; as well, they shall be empowered by provision of training and information to voluntarily choose their path to reintegration. The reintegration process shall be community based and equally benefits returnees and local communities.
24.7. That the DDR is mostly a civilian process although the military input is vital. While disarmament and demobilization are mainly military, the civilian efforts in reintegration are paramount, particularly with reference to decisions of methodology and organization. The military will have input but the decisions and implementation of ‘such programmes are the responsibility of the relevant institutions created for this purpose.
24.8. The DDR programme shall be, gender sensitive and shall encourage the participation of the communities and the civil society organizations with the view’ to strengthening their capacities to play their role in improving and sustaining the social and economic reintegration of former combatants.
24.9. The demobilization of all child soldiers within six months of the signature of the Comprehensive Peace Agreement.
24.10. The identification and registration within six months from the signature of the Comprehensive Peace Agreement of all children separated from their families for family tracing and ultimate reunification;
24.11. UNICEF, JCRC and other international organizations are called upon to assist in the child component of the DDR in the Sudan;
24.12. That adequate financial and logistical support shall be mobilized by the international community including governments, governmental agencies, humanitarian organizations and non-governmental organizations (NGOs).
24.13. The observance of a high level of transparency and accountability with respect to the DDR programmes financial management.
24.14. The maintenance of an appropriate and optimal degree of flexibility to respond to the emerging needs on the ground in a timely manner.
25. DDR Institutions
25.1. To realize the best objective of the DDR process in the entire country, and to avoid any possibilities of relapsing into war, the Parties state their dedication to undertake timely steps to establish the following institutions to plan, manage and implement the DDR programmes:
25.1.1. The National DDR Coordination Council (NDDRCC), with the prime responsibility of policy formulation, oversight, review, coordination and evaluation of the progress of the Northern and Southern Sudan DDR commissions referred to in 25.1.2 hereunder. The NDDRCC shall be appointed by and accountable to the Presidency.
25.1.2. The Northern’ Sudan DDR Commission (NDDRC) and the Southern Sudan DDR Commission (SDDRC) shall be mandated to design, implement and manage the DDR process at the northern and southern sub-national levels respectively.
25.1.3. The State DDR commissions shall be entrusted with the responsibility of implementation of the programmes at the state and local levels.
25.2. Until the aforementioned institutions are established the Parties agree to put in place Interim DDR bodies to:
25.2.1. Act as bases for the future Sub-National DDR institutions established in 25.1 above.
25.2.2. Coordinate and prepare detailed DDR proposals.
25.2.3. Commence technical discussion with international donors and agencies regarding partnership and funding requirements and modalities for the DDR implementation programmes.
25.2.4. Coordinate with the UN-DPKO mission on issues pertaining to DDR.
25.2.5. Prepare draft operational proposals for DDR programmes.
25.2.6. Prepare to establish formal DDR capacity building and facilitate training in DDR through seminars, workshops and study tours.
25.2.7. Coordinate joint DDR preparatory activities.
25.2.8. Prepare in collaboration with the international actors data collection, including socio-economic surveys in the areas where the DDR programmes will be implemented and undertake needs assessment to provide data on target groups.
26. Previous Contractual Obligations
Recognizing that both Parties have existing contractual arrangements with international organizations and agencies related to DDR, the Parties agree:
26.1. To commence a process of negotiations with these agencies and organizations to close down and transfer current DDR-related activities to the incoming DDR institutions.
26.2. That the interim DDR bodies shall undertake the task of leading and concluding these negotiations, and shoulder the operational responsibility of the activities thereafter.
27. Humanitarian and General Provisions
27.1. Upon signature of the Comprehensive Peace Agreement, the Parties shall:
27.1.1. exchange information on Missing in Action and shall trace them to their best efforts;
27.1.2. agree to lifting the state of emergency in the Sudan except in areas where conditions do not permit;
27.2. The Parties agree that the issue of the release of all civil political detainees as part of the confidence building measures, national healing and reconciliation process shall be discussed on and dealt with within the discussions on the implementation modalities.
27.3. Humanitarian law and civil and political rights shall be closely observed.
27.4. Collateral, secondary agreements and legislation shall not contradict this Agreement and shall be equally binding on the Parties.
27.5. The Parties shall call upon the governments at all levels, civil societal organizations, political forces, national NGOs and international community to assist and facilitate the reconciliation process at grass root levels.
(Note: for detailed timeline see CPA)
Annexure I: Permanent Ceasefire and Security Arrangements Implementation Modalities and Appendices (Signed at Naivasha, Kenya on 31st December 2004)
Part III: Demobilization, Disarmament, Re-Integration and Reconciliation
23. Objectives
23.1 The overarching objective of the DDR process is to contribute to creating an enabling environment to human security and to support post-peace-agreement social stabilization across the Sudan, particularly war affected areas.
23.2 The DDR programme shall take place within a comprehensive process of national reconciliation and healing throughout the country as part of the peace and confidence building measures.
24. Guiding Principles
24.1 In implementing the DDR programme the Parties agree that the implementing organs shall be guided by the following common principles:
24.2. The national ownership of the process and that the capabilities of the National Institutions shall be built to effectively lead the overall DDR process; for this purpose efficient planning, implementation and supervisory institutions shall be established to operate as soon as possible.
24.3. That the DDR process in the Sudan shall be led by recognized state institutions and international partners shall only play a supportive role to these institutions. The process shall be sustained through cooperation and coordination with local NGOs and active support from the international community by facilitating and extending material and technical assistance throughout the entire DDR process and the transition from war to peace.
24.4. That no DDR planning, management or implementation activity shall take place outside the framework of the recognized interim and permanent DDR institutions referred to in paragraphs 25.1 and 25.2. here under.
24.5. Fairness, transparency, equitability and consistency for determining the eligibility of ex-combatants targeted for assistance.
24.6. Ex-combatants shall be treated equitably irrespective of their previous military affiliations; as well, they shall be empowered by provision of training and information to voluntarily choose their path to reintegration. The reintegration process shall be community based and equally benefits returnees and local communities.
24.7. That the DDR is mostly a civilian process although the military input is vital. While disarmament and demobilization are mainly military, the civilian efforts in reintegration are paramount, particularly with reference to decisions of methodology and organization. The military will have input but the decisions and implementation of ‘such programmes are the responsibility of the relevant institutions created for this purpose.
24.8. The DDR programme shall be, gender sensitive and shall encourage the participation of the communities and the civil society organizations with the view’ to strengthening their capacities to play their role in improving and sustaining the social and economic reintegration of former combatants.
24.9. The demobilization of all child soldiers within six months of the signature of the Comprehensive Peace Agreement.
24.10. The identification and registration within six months from the signature of the
Comprehensive Peace Agreement of all children separated from their families for family tracing and ultimate reunification;
24.11. UNICEF, JCRC and other international organizations are called upon to assist in the child component of the DDR in the Sudan;
24.12. That adequate financial and logistical support shall be mobilized by the international community including governments, governmental agencies, humanitarian organizations and non-governmental organizations (NGOs).
24.13. The observance of a high level of transparency and accountability with respect to the DDR programmes financial management.
24.14. The maintenance of an appropriate and optimal degree of flexibility to respond to the emerging needs on the ground in a timely manner.
25. DDR Institutions
25.1. To realize the best objective of the DDR process in the entire country, and to avoid any possibilities of relapsing into war, the Parties state their dedication to undertake timely steps to establish the following institutions to plan, manage and implement the DDR programmes:
25.1.1. The National DDR Coordination Council (NDDRCC), with the prime responsibility of policy formulation, oversight, review, coordination and evaluation of the progress of the Northern and Southern Sudan DDR commissions referred to in 25.1.2 hereunder. The NDDRCC shall be appointed by and accountable to the Presidency.
25.1.2. The Northern’ Sudan DDR Commission (NDDRC) and the Southern Sudan DDR Commission (SDDRC) shall be mandated to design, implement and manage the DDR process at the northern and southern sub-national levels respectively.
25.1.3. The State DDR commissions shall be entrusted with the responsibility of implementation of the programmes at the state and local levels.
25.2. Until the aforementioned institutions are established the Parties agree to put in place Interim DDR bodies to:
25.2.1. Act as bases for the future Sub-National DDR institutions established in 25.1 above.
25.2.2. Coordinate and prepare detailed DDR proposals.
25.2.3. Commence technical discussion with international donors and agencies regarding partnership and funding requirements and modalities for the DDR implementation programmes.
25.2.4. Coordinate with the UN-DPKO mission on issues pertaining to DDR.
25.2.5. Prepare draft operational proposals for DDR programmes.
25.2.6. Prepare to establish formal DDR capacity building and facilitate training in DDR through seminars, workshops and study tours.
25.2.7. Coordinate joint DDR preparatory activities.
25.2.8. Prepare in collaboration with the international actors data collection, including socio-economic surveys in the areas where the DDR programmes will be implemented and undertake needs assessment to provide data on target groups.
26. Previous Contractual Obligations
Recognizing that both Parties have existing contractual arrangements with international organizations and agencies related to DDR, the Parties agree:
26.1. To commence a process of negotiations with these agencies and organizations to close down and transfer current DDR-related activities to the incoming DDR institutions.
26.2. That the interim DDR bodies shall undertake the task of leading and concluding these negotiations, and shoulder the operational responsibility of the activities thereafter.
27. Humanitarian and General Provisions
27.1. Upon signature of the Comprehensive Peace Agreement, the Parties shall:
27.1.1. exchange information on Missing in Action and shall trace them to their best efforts;
27.1.2. agree to lifting the state of emergency in the Sudan except in areas where conditions do not permit;
27.2. The Parties agree that the issue of the release of all civil political detainees as part of the confidence building measures, national healing and reconciliation process shall be discussed on and dealt with within the discussions on the implementation modalities.
27.3. Humanitarian law and civil and political rights shall be closely observed.
27.4. Collateral, secondaiy agreements and legislation shall not contradict this Agreement and shall be equally binding on the Parties.
27.5. The Parties shall call upon the governments at all levels, civil societal organizations, political forces, national NGOs and international community to assist and facilitate the reconciliation process at grass root levels.
(Note: for detailed timeline see CPA)