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The Transitional Justice Peace Agreements Database.  
Database - Record for : Darfur Peace Agreement
Record 356

Country :


Agreement Title/Name:
Darfur Peace Agreement
Year :
Date Signed :

5 May 2006

Summary :

Agreement establishes democratic processes for the people of Darfour to choose their leaders and determine their final status as a region. A popular referendum is envisioned not later than July 2010 to decide whether to establish Darfour as a unitary region or to maintain the status quo of three states. The comperhensive agreement also addresses power sharing, wealth sharing, a final ceasefire and security arrngements, calls for a 'Darfur-Darfus' dialogue to address pending issues and provides implementation modalities. Agreement annextes six prior agreements.

Parties :
Government of Sudan, the Sudan Liberation Movement/Army and the Justice and Equality Movement.
Third Parties :
Statehood/Identity :
Preamble affirms ' the sovereignty unity, and territorial integrity of the Sudan. Permanent status of Darfur will be determined through a referendum to be held simultaneously in three states (art 55), with two options - three states or a 'darfour region'.
Governance/Democratic Inst :
Agreement provides for powersharing and wealth sharing. Chapter one sets out power-sharing detail within a framework of devolution, as vital for 'national unity'. Provides for elections at all levels of govenrment. Provides for fair and equtiable representation of all citizens in all sectors. Agreement to be incorporated in INC.
Women :
Chapter 3 charter of rights includes detailed provision on women (art 28). IN making appointments to the Darfour representation in the Exeutive Branch of the GoS, special effort shall be made to ensure that women are represented in the nomiations (art 8(70)), also in making further appointments the President shall take appropriate steps to ensure the fair representation of Darfurians including an equitable share for women (art 8(70)). In the National Assembly the GoS is to ensure the representation of Darfurians, includint SLMA/ and JEM with prescribed numbers, provision is also make that 'it is highly recommedned that some of the nominees be women (art 9(71)). The parties shall release all boys and girls associated with armed forces and groups, with assistance of UNICEF, UNHCR and ICRC (art 25, 275). Police will investigate crimes against women and establish separate police counters for reporting of crimes commited against women, with women police personel (art 25 (278 et seq). Policing plans to include 'strategies to deal with the provlem of violence against womena nd children (art 25 (321 (c)). Gender of combatants to be detemined with respect to support to movements (art 28 (379). Provision for women to be fairly represented on DSAIC and any subsidiary bodies it establishes with bodies to develop mechanisms to ensure that their work incorproates appropriate input from women on issues of spcial concern to women and children (art 29 (394).
Amnesty :
Not Applicable
Past Mechanism :
Not Applicable
Prisoner Release :
Parties shall unconditionally release all persons detailed in relation to the armed conflict in Dafur, other than persons vonvicted through the due process of law as stitupated in paragraph 6 of the UN Security Council Resolution 1556 of 2004), ICRC shall be requested to assist (Art 27 (364 and 365)).
Victims :
Art 21 provides for compensation for 'war affected persons'.
Criminal Justice Reform :
Darfurians shall be adequately respresented I the Constitutional Court, National Supreme Court and other National Courts, and Judicial Services Commission (art 10).
National Human Rights Inst :
Human rights commisssion prvoided for in the INC, shall enjoy full independence, and shal l monitor the application of rights and freeoms provided for in Chapter 3 (art 42). A National Electison Commission shall organize and supervise Darfour referendum (art 58). If vote provides for region of Darfour, a Constitutional Commission will be formed to determine competencies (art 59). Adequate representation of all Darfurians in all Commissions (art 13). National Review Commission shall perpare a text in constituionally approcpriate form to incorporte agreement in INC (art 32(504).
Human Rights Framework :
Preambel condemns all acts of violence against civilians and violations of human rights, and stresses the full and unconditional acceptance of their obligations under International hUmanitarian Law, international human rights law, and relevant UN SC Resolution. Article 3 provides for human rights and fundamental freedoms in what is in effect a charter of rights.
Judicial Reform :
Darfurians shall be adequately respresented I the Constitutional Court, National Supreme Court and other National Courts, and Judicial Services Commission (art 10).
Policing :
GoS in coordination with SMIS shall dveelop a plan for policing of GoS toverned areas of Darfour (art 25(320). Also detailed provision for crimes against women (art 25).
Refugees/Land :
Chapter 3 charter of rights provide property rights (art 33). Art 17 (97) provides for property rights in list of socio-economic rights. Chatper 2, art 20 provides in deetail for development and management of land and natural resources, including the rights of displaced persons to have land rights restored to them (art 159, and no deprivation without compensation. Art 21 provides for urgen programs for internally displaced persons (IDPS), refugees and other war-affected persons and compensation for war-affected persons. Return must be voluntary, with reliable information about conditions in places of origin. AU and international community to assure proper protection and dignified treatment of displaced persons during process of voluntary return and reintegration of voluntary resettlement at another place of their choice (art 21(178). Art 26 of ceasfire chapter provides for commitments for IDPs, including commitments to create an atmosphere conducive to return. Reintegration of combatants shall 'be communty based and beneft both returnees and local committees (art 29(435)).
Civil Society :
Local government is to bring government closer to people (art 7). Art. 9. 72 The Council of States: Darfur state reps in the Council of States shall be eminent persons without direct party political affiliation. The parties agree on the need for wide consultation among Darfurians on the subject of Darfur states' representation in the Council of States, and that this shall be the subject of consultation in the Darfur-Darfur Dialogue and Consultation; article 17. 95. Principles for wealth-sharing: a key dimenstion of wealth is fair participation in D-M that affects the generation of wealth and allocation of resources. 106(b) parties agree to ensure participation of citizens, through the respective levels of govt and non-govt institutions, in the development and implementation of economic and social policies for the creation and distribution of wealth, and in decisions about resource mgmt and development; and provide for fair representation in all govt institutions that create and distribute wealth. Article 21. 184. Darfur Rehabilitation and Resettlement Commission to grant the UN, NGOs and other humanitarian agencies access to displaced and war-affected persons. Chapter three: Peace Process, Art. 22 general Principles, (j) design a process that allows all political forces and civil society orgs to play an effective role in achieving a comprehensive peace. 395. Security Advisory Team. In order to build confidence and guarantee fairness, the GoS, in coordination with other parties, shall establish a Security Advisory Team staffed by technical experts from a country or counties acceptable to the Parties, or from an intl or regional org, to support the integration of former combatants and the restructuring of selected security institutions. 436. the reintegration program shall encourage the participation of the communities and cs orgs with the view to strengthening their capacity to play their role in improving and sustaining the social and economic reintegration of former combatants. Article 30. Sequencing and Guidelines. 455. Darfur communities have an important role in the implementation and shall be consulted extensively. Chapter 4. Darfur-Darfur Dialogue and Consultation, art. 31 Definition: shall be a conference in which reps of all Darfurian stakeholders can meet to discuss the challenges of restoring peace to their land, overcoming the divisions between communities, and resolving the existing problems to build a common future. General Principles. 459. In light of the fact that a just and durable soln to the conflict in Darfur requires communal reconciliation above and beyond what is possible at the Inter-Sudanese Talks of the Darfur Conflict, convened in Abuja, and the resulting Agmt, the DDDC provides a mechanism to connect this Agmt to social and political issues in Darfur so that social mechanisms traditional established to resolve conflicts can play their role in creating and sustaining social peace. The DDDC is an opportunity for the Movements to present their political agenda to the people of Darfur and thereby make an investment in peaceful political processes. Furthermore, the DDDC broadebns the insufficient representation of Darfurians in Abuja, providing an opportunity for other parties to become involved in the process of the implementation of the Agmt. 461. The DDDC shall serve as a mechanism for mobilizing support for this agmt and implementing it, by publicising it, by addressing local peace and reconciliation issues, discussing and building consensus on the main outstanding issues amongst citizens, bringing other stakeholders into the process. 462. The DDDC to mobilize support for the agmt. 463. The DDDC to lay the foundation for ongoing democratic participation for representation for the people of Darfur. 465. The DDDC shall serve as a consultative mechanism. Its D-M powers shall be limited to specific areas laid down in the agmt. It shall consult and advise on a range of other issues not addressed in the agmt, seeking consensus amongst stakeholders. 473. DDDC preparatory committee to consist of cs reps (amongs others). 474. Preparatory committee to conduct extensive consultation among wide range of Darfurian stakeholders; 475. the parties to nominate members to the Preparatory Committee. 478. DDDC to focus upon two areas, namely political, and socioeconomic; organizing theme to be "Building Peace and Reconciliation in Darfur". 480. DDDC may have authority, when necessary, to act as mechanism of last resort to break the deadlock on specific issues, and establish local mechanisms for conflict prevention and promotion of reconciliation. 483. Social and traditional functions: community reps shall be invited to take responsbility for inter-tribal reconciliation and community harmony in rebuilding society damaged by war. 494. representation at the DDDC to be decided by preparatory committee, but to consist of 60% delegates on basis of community and tribal representation, 40% selected to represent other stakeholders, incl. political parties, cs orgs, religious leaders, business leaders, members of the diasporo, trade unions and professionals.
Dev& Socio-Economic Rights :
Chapter 2 provides detail of wealth sharing. Provides for equal rights to a list of socio-economic rights (art 17 (97)). A whole range of development policies are provided for. Socio economic needs of DDR to be determined (art 27 (385). Detailed provision for socio-economic reintegration of former combatants provided in Art 29(431). After agreement, a Darfour Relief and Rehabilitation Commission to be estalbhse (art 32(505).
Enforcement Mechanism :
Human rights commission to monitor chapter 3 rights. National elections Commission will organize and spuervise Darfour Referendum (art 58), and will be internationally monitored. As regards wealth sharing chapter, the Presidency, National Legislative Bodies, FFAMC, National Audit Chamebr, State legislatures, and Supreme Constitutional Court, are all respondible for monitoring (art 18). A Land Commission is to address issues related to traditional and historical rights to land and review lange use management and natural resoruce developmenet processes (art 20 163). AU and international communtiy given role in return (Art 21(178)). AMIS, Ceasefire Commissionn, Joint Commission and the Joint Humanitarian Facilitation and Monitoring Unit important to building confidence and resolving disputes (art 35(229). AU to improve coordintaion between these groups. A Darfur Security Arrangements Implementation Commission will coordinate implementation of integration of former combatants into National Security Instituiotns (art 29). The DSAIC is to establish a Technical Integration Committee to deisgn, plan, implement, manage and montiro integration of former combatants (Art 29(399). AU to register agmt with UN (502). A Darfur Assessment and Evaluation Commission (mixed parties, and rep from AU, five reps from observer states, and three additional repts from other states) to be foremd to monitor implementation of agreement (Art 33).
International Community :
Darfur referendum will be internationall monitored (art 58). A Joint Assessment Mission will identify and quantify the needs of post-conflict economic recovery, developmetn and poverty eradication programe, and present them to the doner at a donor conference; the parties call upon the World Bank, the UN, the African Development Bank to lead the JAM exercise in collaboration with the Islamic Dvelopment Bank, the African Union, the League ofArab States, the Arab Funds, the European Union, the USA, and all other interested countries and parties (art 19(155). AU and international community given role in return and resettelemetn (art 21(178)). A Dafour Rehabilitation and Resttlement Commission to implement strategies conduct surverys and assessments and monitor and report on situation of refugees (art 21(182)). AU to improve coordination between ceasefire monitoring groups (art 25(229). Parties request AU an international partnes to ensure that the AMIS has approcpiate force levels and ersources, including land and air capabilities to fulfil mandate (art 25(230). Representatives of the EU, the USA,and the UN to act as ceasefire obersvers (art 25(241). UNICEF< UNHCR, and ICRC to assist in identification, removal, familty unification and reintegration of hcildren associated with armed forces and grous (art 275). ICRC to be requested to assist with release of prisoners (art 27 (365)). International Community to provide technic materal and cfinancial support to enable the DRRC to become operational, and to provide money for quick start programme; international community also called on to support the agreement (art 32(505-8). Chairperson of the AU Commission shall register Agreement with the Secretary General of the United Nations (art 510).
UN Involvement :
Special Representative of the Secretary-General of the UN in the Sudan witness to agmt
Source :
UN Peacemaker

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