Machakos
Protocol
IGAD "Secretariat
on Peace in the Sudan"
Machakos Protocol
July 20, 2002
WHEREAS the Government of the Republic of the Sudan and
the Sudan People's Liberation Movement/Sudan People's Liberation Army (the
Parties) having met in Machakos Kenya, from 18 June 2002 through 20 July 2002
under the auspices of the IGAD Peace Process; and
WHEREAS
the Parties have reiterated their commitment to a negotiated, peaceful,
comprehensive resolution to the Sudan Conflict within the Unity of Sudan; and
WHEREAS
the Parties discussed at length and agreed on a broad framework which sets forth
the principles of governance, the general procedures to be followed during the
transitional process and the structures of government to be created under legal
and constitutional arrangements to be established; and
NOW
RECORD THAT the Parties have agreed to negotiate and elaborate in greater detail
the specific terms of the Framework, including aspects not covered in this phase
of the negotiations, as part of the overall Peace Agreement; and
FURTHER
RECORD THAT within the above context, the Parties have reached specific
agreement on the Right to Self-Determination for the people of South Sudan,
State and Religion, as well as the Preamble, Principles, and the Transition
Process from the Draft Framework, the initialed texts of which are annexed
hereto, and all of which will be subsequently incorporated into the Final
Agreement; and
IT
IS AGREED AND CONFIRMED THAT the Parties shall resume negotiations in August,
2002 with the aim of resolving outstanding issues and realizing comprehensive
peace in the Sudan.
Dr.
Ghazi Salahuddin Atabani
For: The Government of Sudan
Cdr.
Salva Kiir Mayardit
For: The Sudan People's Liberation Movement/Army
Witnessed
by:
Lt.
Gen. Lazaro K. Sumbeiywo
Special Envoy
IGAD Sudan Peace Process and
On behalf of the IGAD Envoys
AGREED TEXT ON THE PREAMBLE,
PRINCIPLES, AND THE TRANSITION PROCESS
BETWEEN THE GOVERNMENT OF THE REPUBLIC
OF THE SUDAN AND THE SUDAN PEOPLE'S LIBERATION MOVEMENT/SUDAN PEOPLE'S
LIBERATION ARMY
WHEREAS
the Government of the Republic of the Sudan and the Sudan People's Liberation
Movement/Sudan People's Liberation Army (hereafter referred to as the Parties)
having met in Machakos, Kenya, from 18 June 2002 through 20 July 2002; and
WHEREAS
the Parties are desirous of resolving the Sudan Conflict in a just and
sustainable manner by addressing the root causes of the conflict and by
establishing a framework for governance through which power and wealth shall be
equitably shared and human rights guaranteed; and
MINDFUL
that the conflict in the Sudan is the longest running conflict in Africa, that
it has caused horrendous loss of life and destroyed the infrastructure of the
country, wasted economic resources, and has caused untold suffering,
particularly with regard to the people of South Sudan; and
SENSITIVE
to historical injustices and inequalities in development between the different
regions of the Sudan that need to be redressed; and
RECOGNIZING
that the present moment offers a window of opportunity to reach a just peace
agreement to end the war; and
CONVINCED
that the rejuvenated IGAD peace process under the chairmanship of the Kenyan
President, H.E. Daniel T. arap Moi, provides the means to resolve the conflict
and reach a just and sustainable peace; and
COMMITTED
to a negotiated, peaceful, comprehensive resolution to the conflict based on the
Declaration of Principles (DOP) for the benefit of all the people of the Sudan;
NOW
THEREFORE, the Parties hereto hereby agree as follows:
PART A
(AGREED PRINCIPLES)
1.1
That the unity of the Sudan, based on the free will of its people democratic
governance, accountability, equality, respect, and justice for all citizens of
the Sudan is and shall be the priority of the parties and that it is possible to
redress the grievances of the people of South Sudan and to meet their
aspirations within such a framework.
1.2
That the people of South Sudan have the right to control and govern affairs in
their region and participate equitably in the National Government.
1.3
That the people of South Sudan have the right to self-determination, inter alia,
through a referendum to determine their future status.
1.4
That religion, customs, and traditions are a source of moral strength and
inspiration for the Sudanese people.
1.5
That the people of the Sudan share a common heritage and aspirations and
accordingly agree to work together to:
1.6
Establish a democratic system of governance taking account of the cultural,
ethnic, racial, religious and linguistic diversity and gender equality of the
people of the Sudan.
1.7
Find a comprehensive solution that addresses the economic and social
deterioration of the Sudan and replaces war not just with peace, but also with
social, political and economic justice which respects the fundamental human and
political rights of all the Sudanese people.
1.8
Negotiate and implement a comprehensive cease-fire to end the suffering and
killing of the Sudanese people.
1.9
Formulate a repatriation, resettlement, rehabilitation, reconstruction and
development plan to address the needs of those areas affected by the war and
redress the historical imbalances of development and resource allocation.
1.10
Design and implement the Peace Agreement so as to make the unity of the Sudan an
attractive option especially to the people of South Sudan.
1.11
Undertake the challenge by finding a framework by which these common objectives
can be best realized and expressed for the benefit of all the Sudanese.
PART B
(THE TRANSITION PROCESS)
In
order to end the conflict and to secure a peaceful and prosperous future for all
the people of the Sudan and in order to collaborate in the task of governing the
country, the Parties hereby agree to the implementation of the Peace Agreement
in accordance with the sequence, time periods and process set out below.
2.
There shall be a Pre-Interim Period, the duration of which shall be six (6)
months.
2.1
During the Pre-Interim Period:
a)
The institutions and mechanisms provided for in the Peace Agreement shall be
established;
b)
If not already in force, there shall be a cessation of hostilities with
appropriate monitoring mechanisms established;
c)
Mechanisms to implement and monitor the Peace Agreement shall be created;
d)
Preparations shall be made for the implementation of a comprehensive cease-fire
as soon as possible;
e)
International assistance shall be sought; and
f)
A Constitutional Framework for the Peace Agreement and the institutions referred
to in 2.1 (a) shall be established.
2.2
The Interim Period will commence at the end of the Pre-Interim Period and shall
last for six years.
2.3
Throughout the Interim Period:
a)
The institutions and mechanisms established during the Pre-Interim Period shall
be operating in accordance with the arrangements and principles set out in the
Peace Agreement.
b)
If not already accomplished, the negotiated comprehensive cease-fire will be
implemented and international monitoring mechanisms shall be established and
operationalized.
2.4
An independent Assessment and Evaluation Commission shall be established during
the Pre-Interim Period to monitor the implementation of the Peace Agreement and
conduct a mid-term evaluation of the unity arrangements established under the
Peace Agreement.
2.4.1
The composition of the Assessment and Evaluation Commission shall consist of
equal representation from the GOS and the SPLM/A, and not more than two (2)
representatives, respectively, from each of the following categories:
*
Member states of the IGAD Sub-Committee on Sudan (Djibouti, Eritrea, Ethiopia,
Kenya, and Uganda);
*
Observer States (Italy, Norway, UK, and US); and
*
Any other countries or regional or international bodies to be agreed upon by the
parties.
2.4.2
The Parties shall work with the Commission during the Interim Period with a view
to improving the institutions and arrangements created under the Agreement and
making the unity of Sudan attractive to the people of South Sudan.
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.
2.6
The parties shall refrain from any form of unilateral revocation or abrogation
of the Peace Agreement.
Part C
(Structures of Government)
To
give effect to the agreements set out in Part A, the Parties, within a framework
of a unified Sudan which recognizes the right to self-determination for the
people of Southern Sudan, hereby agree that with respect to the division of
powers and the structures and functions of the different organs of government,
the political framework of governance in the Sudan shall be structured as
follows:
3.1
Supreme Law
3.1.1
The National Constitution of the Sudan shall be the Supreme Law of the land. All
laws must comply with the National Constitution. This constitution shall
regulate the relations and allocate the powers and functions between the
different levels of government as well as prescribe the wealth sharing
arrangements between the same. The National Constitution shall guarantee freedom
of belief, worship and religious practice in full to all Sudanese citizens.
3.1.2
A representative National Constitutional Review Commission shall be established
during the Pre-Transition Period which shall have as its first task the drafting
of a Legal and Constitutional Framework to govern the Interim Period and which
incorporates the Peace Agreement.
3.1.3
The Framework mentioned above shall be adopted as shall be agreed upon by the
Parties.
3.1.4
During the Interim Period an inclusive Constitutional Review Process shall be
undertaken.
3.1.5
The Constitution shall not be amended or repealed except by way of special
procedures and qualified majorities in order that the provisions of the Peace
Agreement are protected.
3.2
National Government
3.2.1
There shall be a National Government which shall exercise such functions and
pass such laws as must necessarily be exercised by a sovereign state at national
level. The National Government in all its laws shall take into account the
religious and cultural diversity of the Sudanese people.
3.2.2
Nationally enacted legislation having effect only in respect of the states
outside Southern Sudan shall have as its source of legislation Sharia and the
consensus of the people.
3.2.3
Nationally enacted legislation applicable to the southern States and/or the
Southern Region shall have as its source of legislation popular consensus, the
values and the customs of the people of Sudan including their traditions and
religious beliefs, having regard to Sudan's diversity).
3.2.4
Where national legislation is currently in operation or is enacted and its
source is religious or customary law, then a state or region, the majority of
whose residents do not practice such religion or customs may:
(i)
Either introduce legislation so as to allow or provide for institutions or
practices in that region consistent with their religion or customs, or
(ii)
Refer the law to the Council of States for it to approve by a two-thirds
majority or initiate national legislation which will provide for such necessary
alternative institutions as is appropriate.
[sections
4 and 5 are not yet available; indications are that the subjects of these
sections are still under negotiation]
AGREED TEXT ON STATE AND RELIGION
Recognizing
that Sudan is a multi-cultural, multi-racial, multi-ethnic, multi-religious, and
multi-lingual country and confirming that religion shall not be used as a
divisive factor, the Parties hereby agree as follows:
6.1
Religions, customs and beliefs are a source of moral strength and inspiration
for the Sudanese people.
6.2
There shall be freedom of belief, worship and conscience for followers of all
religions or beliefs or customs and no one shall be discriminated against on
such grounds.
6.3
Eligibility for public office, including the presidency, public service and the
enjoyment of all rights and duties shall be based on citizenship and not on
religion, beliefs, or customs.
6.4
All personal and family matters including marriage, divorce, inheritance,
succession, and affiliation may be governed by the personal laws (including
Sharia or other religious laws, customs, or traditions) of those concerned.
6.5
The Parties agree to respect the following Rights:
*
To worship or assemble in connection with a religion or belief and to establish
and maintain places for these purposes;
*
To establish and maintain appropriate charitable or humanitarian institutions;
*
To make, acquire and use to an adequate extent the necessary articles and
materials related to the rites or customs of a religion or belief;
*
To write, issue and disseminate relevant publications in these areas;
*
To teach religion or belief in places suitable for these purposes;
*
To solicit and receive voluntary financial and other contributions from
individuals and institutions;
*
To train, appoint, elect or designate by succession appropriate leaders called
for by the requirements and standards of any religion or belief;
*
To observe days of rest and to celebrate holidays and ceremonies in accordance
with the precepts of one's religious beliefs;
*
To establish and maintain communications with individuals and communities in
matters of religion and belief and at the national and international levels;
*
For avoidance of doubt, no one shall be subject to discrimination by the
National Government, state, institutions, group of persons or person on grounds
of religion or other beliefs.
6.6
The Principles enumerated in Section 6.1 through 6.5 shall be reflected in the
Constitution.
AGREED TEXT ON 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.
2.4
An independent Assessment and Evaluation Commission shall be established during
the Pre-Transition period to monitor the implementation of the Peace Agreement
during the Interim Period. This Commission shall conduct a mid-term evaluation
of the unity arrangements established under the Peace Agreement.
2.4.1
The composition of the Assessment and Evaluation Commission shall consist of
equal representation from the GOS and the SPLM/A, and not more than two (2)
representatives, respectively, from each of the following categories:
*
Member states of the IGAD Sub-Committee on Sudan (Djibouti, Eritrea, Ethiopia,
Kenya, and Uganda);
*
Observer States (Italy, Norway, UK, and US); and
*
Any other countries or regional or international bodies to be agreed upon by the
parties.
2.4.2
The Parties shall work with the Commission during the Interim Period with a view
to improving the institutions and arrangements created under the Agreement and
making the unity of Sudan attractive to the people of South Sudan.
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.
2.6
The Parties shall refrain from any form of unilateral revocation or abrogation
of the Peace Agreement.