THE NUBA MOUNTAINS CEASE-FIRE AGREEMENT (2002)

Press Release/Commentary by GOS/SPLM posted on February 18, 2002 at 16:42:21: EST (-5 GMT)

THE NUBA MOUNTAINS CEASE-FIRE AGREEMENT

PREAMBLE

We the Parties to this agreement, the Government of the Republic of Sudan and the Sudan peoples’ Liberation Movement/Nuba;

RECALLING the agreement reached between our representatives during the meetings which took place in Sudan from the 6th – 13th of December 2001, to immediately observe and extend the current military sand-down and to apply it to the Nuba Mountains to facilitate the negotiation of the cease-fire and relief and rehabilitation program;

REAFFIRMING our will to negotiate an internationally monitored cease-fire agreement to cover the Nuba Mountains, supervised by a joint Military Commission (JMC) including third-party participation;

AWARE of the vital need to establish a settlement to the conflict which has been taking place for many years and to promote peace in the Nuba Mountains;

HAVING MET at the invitation of the Government of the Swiss Confederation and the United States of America at Bürgenstock, Switzerland for 13th –19th January 2002 to agree on the terms of such a cease-fire;

HEREBY AGREE AS FOLLOWS:

ARTICLE I
THE CEASE-FIRE

The Parties to an internationally monitored cease-fire among all their forces in the Nuba Mountains for a renewably period of six (6) months with the broader objectives of promoting a just, peaceful and comprehensive settlement of the conflict.

ARTICLE II
PRINCIPLES OF THE CEASE-FIRE

1. The cease-fire shall involve the cessation of hostilities between the Parties in the Nuba Mountains within 72 hours of the signing of this agreement.
2. The Cease-fire shall guarantee the free movement of civilians and goods, including humanitarian assistance, through the Nuba Mountains.
3. Specifically, this cease-fire entails the cessation of:
a. Hostilities, military movements including reconnaissance and reinforcements, as well as hostilities actions;
b. All attacks by air or land, as well as acts of sabotage and the laying of mines;
c. Attempts to occupy new ground positions and movements of troops and resources from one location to another than the supply of food, clothing and medical support for military forces in the field;
d. All acts of violence against or other abuse of the civilian population e.g., summary executions, torture, harassment, arbitrary detention and persecution of civilians on the basis of ethnic origin, or political affiliations, incitement of ethnic hatred, arming civilians, use of child soldiers, sexual violence, training of terrorists, genocide and bombing of the civilians population;
e. Supply of ammunition and weaponry and other war-related stores to the field;
f. All hostile propaganda between the parties, including defamatory, untruthful, or derogatory statements, both within and outside the country.
4. For these purposes, the Nuba Mountains means the whole Southern Kordofan and the province of Lagawa in the Western Kordofan.
5. The Parties shall exercise control over all armed groups other than their own forces within their respective zones of control. They shall also promote the culture of peace and respect for civil and political rights and freedoms in those zones.
6. The Parties shall communicate the cessation of hostilities through their respective command channels as well as to the civilian population by means of the print and electronic media.
7. The cessation of hostilities shall be regulated and monitored through the Joint Military Commission (JMC) in accordance with the terms of article VII.

ARTICLE III
PRINCIPLES OF THE AGREEMENT

1. There shall be immediate disengagement of combatants in the areas where they are in direct contact.
2. The redeployment of all combatants in the Nuba Mountains to defensive positions shall be carried out in accordance with the calendar in Annex A of this Agreement and the schedule in Annex B, which may be amended by unanimous decision of the Joint Military Commission.
3. The Parties shall ensure that armed groups operating alongside their troops or on the territory under their control comply with the processes leading to the dismantling of those groups. In particular the Parties shall immediately take all necessary measures aimed at controlling illicit trafficking of arms and the infiltration of armed groups.
4. The laying of mines of whatever type shall be prohibited.
5. The Parties shall mark and signpost any danger areas to be identified to the Joint Military Commission.
6. The parties shall facilitate the repair and re-opening of roads and the removal of mines throughout the area covered by this agreement.
7. The parties shall facilitate humanitarian assistance through the opening up of humanitarian corridors and creation of conditions conductive to the provision of urgent humanitarian assistance to displaced persons and other affected persons.
8. The Parties shall allow immediate and unhindered access to the international Committee of the Red Cross (ICRC) for the purpose of identifying and assuring the well-being of any person detained as a result of the conflict.
9. The Parties shall undertake to provide accurate information concerning the cease-fire through the press and the media on a regular basis and shall not interfere with the dissemination of each other’s information.
10. The agreement can be amended by agreement of the Parties with the concurrence of the Joint Military Commission upon notice to the countries participating in the arrangements established UN this Agreement.
11. The Parties may agree to renew this Agreement for an additional six (6) month period. Not later than 30 days before the expiration of the Agreement, either Party may notify the Central JMC that it is prepared to agree to such a renewal. If both Parties agree, the Agreement shall be extended for an additional six (6) month period. Thereafter, the Agreement may be further extended for additional periods by means of the same procedure.

ARTICLE IV
CESSATION OF HOSTILITIES

1. The Parties shall announce a cessation of hostilities, to be effective within 72 hours after the signing of this Agreement. The announcement of cessation of hostilities shall be disseminated by the Parties through command channels, and it shall concurrently be communicated to the civil population via print and electronic media.
2. Until the deployment of international observers, the cessation of hostilities shall be regulated and monitored by the Parties through the Joint military Commission. Once it has been deployed the International Monitoring Unit (IMU) shall report to the JMC regarding verification, control and monitoring of the cessation of hostilities and subsequent disengagement.
3. Once the cease-fire has become effective, neither of the parties shall engage in movement or redeployment of forces resulting in tactical or strategic advantage.
4. Any violation of the cessation of hostilities and subsequent events shall be reported to the JMC through the agreed chain of command for investigation.

ARTICLE V
DISENGAGEMENT

1. Immediate disengagement of all combatants as provided in Article II, paragraph 1, shall be limited to the effective range of direct fire weapons. Further withdrawal of weapons so as to place the out of range shall be conducted under the guidance of the Joint Military Commission.
2. Where immediate disengagement is not possible, as determined by the JMC, a sequence of steps is to be agreed upon by the Parties through the JMC.
3. All artillery and indirect fire weapons systems within and influencing the Nuba Mountains will be rendered safe in a way designed by the JMC.

ARTICLE VI
MOVEMENT TO DEFENSIVE POSITIONS

1. Following disengagement in accordance with the term of Article V, all combatants shall redeploy from combat positions to defensive positions in accordance with Annex B.
2. Upon re-deployment to defensive positions, all combatants shall provide
relevant information on troop strength, armaments and weapons they hold in each location to the Joint Military Commission.
3. The JMC shall verify the reported data and information. All combatants shall be restricted to the declared locations and all movements shall be authorized by the JMC.
4. All facilities customarily made available to soldiers, but which cannot be provided at the defensive positions, such as hospitals, logistics units and training facilities, shall be supervised by the JMC.

ARTICLE VII
THE JOINT MILITARY COMMISSION

1. A Joint Military Commission (JMC) shall be established to assist in the disengagement and redeployment of the combatants and the maintaining of the cease-fire in accordance with the terms of this Agreement. The organization of the JMC is indicated in annex C.
2. The specific functions of the Commission shall include:
a. Determining the location of combatants as of the effective date of this Agreement;
b. Verifying heir disengagement;
c. Monitoring and reporting on the redeployment of combatants from combat positions to defensive positions;
d. Monitoring and reporting on the storage of arms, munitions and equipment;
e. Supervising the mapping and clearance of mines (this may be done in phases taking into account the requirements of humanitarian assistance);
f. Inspecting all supplies to both Parties;
g. Approving all flights destined to the Nuba Mountains and assure notifications to the Parties;
h. Coordinating all military movements in the Nuba Mountains;
i. Resolving disputes concerning the implementation of this Agreement including the investigation of any alleged violation;
j. Facilitating liaison between the parties for the purposes of this Agreement.

4. The JMC shall be composed of three (3 representatives from each Party and a neutral chairman with two (2) Vice-Chairman. The Chairman and Vice-Chairman shall be appointed by the participating countries in consultations with the Parties.
5. The JMC shall be authorized to hire contractors, employ personnel, engage observers and obtain supplies and equipment to assist in carrying out its responsibilities. The Parties agree to facilitate the importation of necessary supplies and equipment required for the JMC’S activities.
6. To the greatest extend possible, the JMC shall reach its decisions by consensus. In the event of a deadlock the Chairman shall have the deciding vote.
7. The Chairman shall report regularly to the designated representatives of the Parties and the participating countries regarding the activities of the JMC.
8. The Parties undertake to provide the JMC immediately on request with all relevant information necessary for implementation of this Agreement, including the organization, equipment and position of their forces, on the understanding that such information shall be held in strict confidence.
9. The Parties also undertake to accord the JMC and its personnel the facilities, privileges and immunities appropriate to its mission.
10. As soon as practical the JMC will designate a neutral location for the Central JMC headquarters.

ARTICLE VIII
INTERNATIONAL MONITORS

1. An International Monitoring Unit (IMU) shall be established to assist the Parties in implementing this Agreement and maintaining the cease-fire.
The IMU shall work in collaboration with the Joint Military Commission provided for in Article VII.
2. The mandate of the IMU shall include the following:
a. To observe and monitor the cessation of hostilities;
b. To monitor the disengagement of forces and their redeployment to defensive positions as stipulated in the Agreement;
c. To verify all information, data and activities relating to the military forces and activities of the Parties in the Nuba Mountains;
d. To assist the Parties in creating a favorable operational environment for the conduct of the cease-fire;
e. To conduct liaison with humanitarian organizations for the purpose of assisting with relief operations;
f. Upon request by any of the Parties, to investigate alleged violations of the Agreement and to recommend measures to ensure compliance.
3. The IMU shall consist of an initial contingent of between 10 and 15 military and civilian personnel provided by countries acceptable to the Parties and deployed as monitors in the Nuba Mountains.
4. The IMU shall keep the Parties to the Agreement informed of its observation and monitoring operations.
5. The IMU shall have access to and freedom of movement within the Nuba Mountains.
6. The seize of the IMU may be adjusted with the agreement of the Parties as necessary to carry out the objective of this Agreement.

DONE at Bürgenstock (NW), Swiss Confederation, on the 19th day of January
2002.

FOR THE SUDAN PEOPLES’ LIBERATION FOR THE GOVERNMENT OF
MOVEMENT/NUBA (SPLA/M/NUBA) THE REPUBLIC OF SUDAN

Cdr. Abdul Aziz Adam El Hilu Dr. Mutrif Siddig Ali

AS WITNESSES:

FOR SWISS CONFEDERATION

Ambassador Josef Bucher

FOR THE UNITED STATES OF AMERICA

Col. Cecil Dennis Giddens

Raymond L. Brown, Ph.D.
Charge’ d’Affaires, a.i.
U.S. Embassy Khartoum

Alvin Henry Streeter Jr
Political Officer
Nairobi-Khartoum