Transcription of the "Machakos Protocol," July 20, 2002
(Machakos, Kenya); from the original text.
[seal of the 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.
[names/signatures]
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
[Each subsequent page of the written document bears the initialing of
all three of the above]
AGREED TEXT ON THE PREAMBLE, PRINCIPLES, AND THE TRANSITION PROCESS
(FROM THE DRAFT FRAMEWORK)
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.
