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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Machakos Protocol
Record 446

Country :

Sudan

Agreement Title/Name:
Machakos Protocol
Year :
2002
Date Signed :

20 July 2002

Summary :

Agreement to restart the peace proces in Sudan. Agreement confirming intent to negotiate, and setting out a broad framework for negotiations. While the main body of the agreement is short, it includes further agreed texts: and agreed text on a preamble, principles, and transition process; an agreed text on state and religion; and an agreed text on the right to self-determination for the people of South Sudan


Parties :
Government of the Republic of Sudan, Sudan People's Liberation Movement/Sudan People's Liberation Army
Third Parties :
Statehood/Identity :
People of South Sudan have the right to self-detemination, interalia through a referendum to determine their future status (Art 1.3, Agreed text on SD). Parties recognize that Sudan is multi-cultural, multi-racial, multi-ethnic, mulit-religious, and multi-lingual, and affirm non-discrimination on basis of religion and other rights (Agreed text on religion). Unity of Sudan, based on free will of people, democratic governance, accountability, equality, respect, and justice is a priotiry of the parties, and that it is possible to redress the griecances of the people of South Sudan and to meet their asperiations within such a framework (Agreed Principles on Framework, 1.1). People of South Sudan have the right to control and govern affairs int heir region and participate equitably in the National Government (1.2, Agreed Principles on Preamble). People of South Sudan have the right to self-determination, inter alia, through referendum (art 1.3, Agreed Principles on Preamble). Recognises religious pluarlism. The peace agreement is to be designed and implemented 'so as to make the unity of the Sudan an atractive option especially to the people of South Sudan (Art 1.10 Agreed Principles on Preamble).
Governance/Democratic Inst :
Parties within a framework of a unifed Sudan, which recognizes the right to self-determination for the people of Southern Sudan, agree a political framework (Agreed text on religion and State), including: a National Constitution; a National Constitutional Review Commission to draft; Constituitonal Review during Interim Period; National government; Sharia law in states other than S Sudan. Parties will estabish a democratic system of governance taking account of the cultural, ethnic, racial, religious and linguistic diversity and gender equalty of the people of Sudan (art 1.6, Principles on Preamble). Part B of Preamble Principles provides for the transition process.
Women :
Principles on Preamble, Art 1.6, notes that the sytem of governance should take account of gender equality of people of Sudan.
Amnesty :
Not Applicable
Past Mechanism :
Not Applicable
Prisoner Release :
Not Applicable
Victims :
Not Applicable
Criminal Justice Reform :
Not Applicable
National Human Rights Inst :
Not Applicable
Human Rights Framework :
Not Applicable
Judicial Reform :
Not Applicable
Policing :
Not Applicable
Refugees/Land :
1.9 Agreed Principles on Pre-amble, to formuate a repatriation, resettlement etc plan.
Civil Society :
Not Applicable
Dev& Socio-Economic Rights :
The principles agreed include the need to find a solution that addresses the economic and social deterioration of the Sudan and replace war not just with peace, but with social, political and economic justice which respects the fundametnal human rights political rights of all the Sudanese people (Agreed Principles on Preamble art 1.7). Also provides for repatration, resettlement, rehabilitation, reconstruction and development plan to address historical imbalances (Art 1.9 Agreed Principles on Preamble)
Enforcement Mechanism :
An independent Assessment and Evalutation Commission shall pe established Pre-Transition, to monitor implementation of peace agreement in Interim Period. Commission shall conduct a mid-term evalutaiton of the unity arrangements established under the Peace Agreement (2.4). Commission to be equal representaiton from GOS and SPLM/A and not more than two representatives from ICGAD Sub-committee on Sudan, Obverver States, and other countries agreed on.
International Community :
Witnessed by Lt Ge Lazaro K. Sumbeiywo, Special Envoy IGAD Sudan Peace Process and on behalf of the IGAD Envoys
UN Involvement :
Source :
UN Peacemaker


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